PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  General, Under Honorable Conditions

2.  Date of discharge (or REFRAD):  000425

3.  Authority for separation:

      a.  Regulation:  Chapter 8, Para 8-26k. NGR 600-200

      b.  Reason:  Unsatisfactory Participation

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           AR COMP ACHVMT MDL
    a.  Period entered for:  8 Years               NDSM
    b.  Entry date:  950316                        ASR
    c.  Age:  25 Years   DOB:  691206
    d.  Educational level:  GED
    e.  Aptitude area score:
          GT:  123                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          5 Years  1 Month  10 Days

                                               4.  Performance evaluations:

                                                   NONE

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE

    Status       Inclusive dates
      AWOL

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:  NONE

      Date  Offense(s)



7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  NONE


                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      IADT  950417     950720     Uncharacterized
      (Concurrent Service)




                         PART IV - PREHEARING REVIEW

                       SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

      a.  The evidence of record shows that the applicant absented himself
from scheduled annual unit training assembly during the period 10-24 July
1999 (i.e., a 15 day period of training).  On 2 August 1999, notification
was sent to the applicant of his unexcused absences.  The applicant had not
made any attempt to contact his unit or attend further drills.  On 5
February 2000, as a result of the applicant’s unexcused absences and having
received no response from the applicant, the unit commander initiated
separation action under the provisions of Chapter 8, Paragraph 8-26k, NGR
600-200, by reason of unsatisfactory participation with a general, under
honorable conditions discharge.  The intermediate commanders reviewed the
unit commander’s recommendation and recommended approval of the applicant’s
separation action.  On 13 April 2000, the State Judge Advocate reviewed the
discharge action and found it to be legally sufficient for further
processing.  On 13 April 2000, the separation authority directed that the
applicant be discharged from the Virginia Army National Guard with a
general, under honorable conditions discharge and transferred to the
Individual Ready Reserve for the remainder of his term of service.  On 18
April 2000, the Departments of the Army and the Air Force, Office of the
Adjutant General of Virginia, Virginia National Guard, Richmond, Virginia,
Orders 109-145 discharged the applicant from the Army National Guard,
effective 25 April 2000 and assigned him to the USAR Control Group (Annual
Training), St Louis, Missouri for the remainder of his obligation.  The
record contains a properly constituted NGB Form 22 (Report of Separation
and Record of Service).  It indicates that the applicant was discharged
under the provisions of Paragraph 8-26k, NGR 600-200, by reason of
unsatisfactory participant, with a characterization of service of general,
under honorable conditions.

      b.  On 25 April 2000, the applicant was discharged.  At the time of
discharge, the applicant had completed 5 years, 1 month, and 10 days of
military service in the period under review.

      c.  The evidence of record shows that the applicant also failed to
attend the previous years annual unit training assembly.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 and Army Regulation 135-91 govern procedures
covering enlisted personnel management of the Army National Guard.  Chapter
8 of NGR 600-200 covers, in pertinent part, reasons for discharge and
separation of enlisted personnel from the State Army Reserve National
Guard.  Paragraph 8-27(f) of that regulation provides in pertinent part
that individuals can be separated for being an unsatisfactory participant.
Army Regulation 135-91 states that a member is an unsatisfactory
participant when nine or more unexcused absences from scheduled drills
occur during a 1 year period.

                      SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

      A-1:  DD Form 293, dated 030827, with twenty-two (22) enclosures.
      A-2:  Counsel Issues:  NONE
      B-l:  Other Documents: NONE
                   PART IV - PREHEARING REVIEW (CONTINUED)

              SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor      ( ) Legal Advisor



      a.  Medical prehearing comments (if applicable):


      b.  Legal prehearing comments (if applicable):











                         PART V - SUMMARY OF HEARING

                      SECTION A-Attendees and exhibits

1.  Review/hearing information:


      a. Type requested:
         ( X ) Records review             (   ) Hearing

      b. Type Held:
         ( X )Records review              (   ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, DC on 12 May 2004.

      d. Appearance by:
         Applicant                 (   ) Yes   ( X ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     (   ) Yes   ( X ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:
                        PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

          ( X )  Same as those listed on DD Form 293 and Part IV, Section A
              of this case report and directive.
          (   )  Revised issue(s) furnished in writing by applicant as
              follows:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      b.  Request:  ( X ) Recharacterization     (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:

      a.  Propriety:   The applicant has not submitted an issue of
                   propriety and the ADRB has not otherwise relied upon an
                   issue of propriety to change the discharge.

      b.  Equity:      The parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1) and (2)  The issues are rejected.  The Board carefully examined
the applicant’s record of service during the period of enlistment under
review.  There was a full consideration of all faithful and honorable
service as well as the infractions of discipline, the extent thereof, and
the seriousness of the offenses.  The Board noted the applicant’s
contentions; however, did not find said contention sufficiently mitigating
to warrant an upgrade of the discharge under review.  Further, the evidence
of record shows that the applicant was given every opportunity to attend
his annual unit training assembly and refused to go.  The record also shows
that the applicant had failed to attend the previous years annual unit
training assembly.  In view of the forgoing, the Board determined that the
applicant's discharge was appropriate because the quality of his service
was not consistent with the Army's standards for acceptable personal
conduct and performance of duty by military personnel.  By his misconduct
and poor duty performance, the applicant diminished the quality of his
service below that meriting a fully honorable discharge.  The Board, being
convinced that the reason for discharge and the characterization of service
were both proper and equitable, voted to deny relief.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

                           PART VII - BOARD ACTION
                   SECTION A - Conclusions/Decisions/Vote

1.    Board conclusion(s):

      The discharge was:

      ( X ) Proper.
      (   ) Improper as to characterization.  Change characterization to
                                               .
      (   ) Improper as to reason.  Change reason to
                                   under                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) Inequitable as to reason.  Change reason to
                                 
            under                                 .
      (   ) Both proper and equitable, but characterization/reason for
           separation cited was an administrative/clerical error and should
           be changed to                      under
                                   .

2.  Voting record:      Change   No Change
                  Reason       0         5
    Characterization       0         5

        The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below.  The request must contain the CASE NO. located in the upper right
corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE
                           PART VII - BOARD ACTION
                 SECTION B - Verification and Authentication

Case report reviewed and verified

                          
MR. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge                  C - Other
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2003095106                    INDEX NUMBERS:  A9235
Date of Review:  040512                                   A9309
Character of Service:  GD                                 A0113
Date of Discharge:  000425
Authority:  NGR 600-200 C8
Reason:  A8400
Results of Board Action/
Vote/Affirmation:  NC 5-0 A













                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1.      Mbr          X                 X       

    2.      Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X