PART II - APPLICATION DATA

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

1.  Character of Discharge:  Under Other Than Honorable Conditions

2.  Date of discharge (or REFRAD):  960415

3.  Authority for separation:

      a.  Regulation:  Chapter 8, NGR 600-200

      b.  Reason:  Misconduct-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:
                                           NDSM
    a.  Period entered for:  8 Years               ASR
    b.  Entry date:  911105
    c.  Age:  19 Years   DOB:  720728
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  110                               3.  Highest grade
achieved:
    f.  Length of Service:                         E2
          4 Years  5 Months  11 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:  Locally imposed Bar to Reenlistment approved on 951211.
Bar
              based on applicant’s unsatisfactory participation and
              performance.


                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      ARNGUS     911105      920531     NA
      IADT  920601     930318     Uncharacterized
         (Continuous Service)




                         PART IV - PREHEARING REVIEW

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

      a.  The evidence of record shows that the applicant absented herself
from scheduled unit training assembly during the periods 21-22 May 1994, 21-
23 October 1994, 25-26 February 1995, 18-19 March 1995, and 22-23 April
1995, totaling 20 unexcused absences within a 1-year period.  An
administrative separation board was appointed to determine if the applicant
should be retained or separated from the PAARNG as a result of the
applicant’s unexcused absences.  A notice of hearing was sent to the
applicant, however, she did not respond.  The administrative separation
board convened and adjourned on 13 April 1996, with representation by an
appointed defense counsel.  The board recommended separation for
unsatisfactory participation with an under other than honorable conditions
discharge.  The PAARNG AGR Judge Advocate General reviewed the
administrative separation board action and found it to be legally
sufficient and in compliance with applicable regulations.  The approval
action by the separation authority is not contained in the available
records.  On 15 July 1996, the Commonwealth of Pennsylvania, Department of
Military Veterans Affairs, Annville, Pennsylvania, Orders 136-100,
discharged the applicant from the Army National Guard and as a Reserve of
the Army.  The order also reduced the applicant to the lowest enlisted
rank.  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 Chapter 8, NGR 600-200, by reason of
misconduct-unsatisfactory participation, with a characterization of service
of under other than honorable conditions.

      b.  On 15 April 1996, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 years, 5 months, and 11 days of
military service in the period under review.

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 8-26k 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 031106, with two (2) 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 28 July 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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (3)  The characterization of service is too harsh.

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

        (1-2)  See Paragraph 3, below.

      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.

        (3)  The issue is accepted.  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 incidents of unsatisfactory participation.  The Board does not
condone the applicant’s incidents of unsatisfactory participation; however,
determined that the characterization of service is inequitable.  The Board
found that the applicant’s unsatisfactory participation was mitigated by
service of sufficient length and merit to warrant an upgrade of the
characterization of service granted.  Accordingly, the Board voted to grant
relief in the form of an upgrade to the characterization of service to
general, under honorable conditions.  Therefore, the Board recommends that
the Adjutant General, State of Pennsylvania, consider changing the
applicant’s characterization of service to general, under honorable
conditions and issue the applicant a new NGB Form 22.  This action entails
a restoration of grade to E2.  Notwithstanding the decision of the Adjutant
General of the State of Pennsylvania, the Board directs that the
applicant’s discharge order from the Reserve of the Army be changed to
reflect a characterization of service of general, under honorable
conditions and a restoration of grade to E2.  The Board determined that the
reason for separation was both proper and equitable and voted not to change
it.

3.  Response(s) to item(s) not addressed as decisional issue(s):

    Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issues is neither required nor rendered.

                           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                      .

      (   ) Equitable.
      ( X ) Inequitable as to characterization.  Change characterization to
           General, Under Honorable Conditions.
      (   ) 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       4         1

        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

Thru: Chief, National Guard Bureau            Date:  30 July 2004.
To:   Adjutant General, State of Pennsylvania

     The Army Discharge Review Board, established under the provisions of
Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as
Title 10, United States Code, Section 1553, in the case of the applicant
named in Part I recommends that the applicant be considered for a change of
his discharge by the Adjutant General, State of Pennsylvania, with issuance
of a new NGB Form 22, as follows:

           ( X ) Change characterization of discharge to
                  General, Under Honorable Conditions.
           ( X ) Other (see remarks below).

Remarks:  This action entails a restoration of grade to E2 and a change to
the applicant’s discharge from the Reserve of the Army to reflect a
characterization of service of general, under honorable conditions.  ARBA
Support Division-St. Louis, is directed to insure that the applicant’s
discharge from the Reserve of the Army reflects the aforementioned change.

                          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:  2003098700                    INDEX NUMBERS:  A9236
Date of Review:  040728                                   A9202
Character of Service:  UD                                 A0113
Date of Discharge:  960415
Authority:  NGR 600-200 C8
Reason:  A8400
Results of Board Action/
Vote/Affirmation:  GD 4-1 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