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):  960724

3.  Authority for separation:

      a.  Regulation:  NGR 600-200

      b.  Reason:  Resignation, Conditional ILO Elimination

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           NONE
    a.  Period entered for:  NIF
    b.  Entry date:  940711
    c.  Age:  30 Years   DOB:  631015


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         CW2
          2 Year(s)  0 Month(s)  14 Day(s)


                                               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
      USAR  810828    820331 NA
      ADT        820401    830722       Honorable
      USAR       830823    860316       Honorable
      ARNGUS           860317    940710      Honorable



                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 14 November 1995, the applicant
requested immediate release from the Washington Army National Guard based
on civilian employment conflicts.  Prior to this request, an AR 15-6
investigation regarding the applicant’s attendance at a military school had
been initiated.  On 24 July 1994, the separation authority approved the
applicant’s request for separation, and directed that the applicant be
separated by reason of resignation, in lieu of proceedings for withdrawal
of Federal Recognition, with a general, under honorable conditions
discharge.  On 31 July 1996, HQ Military Department, State of Washington,
Office of The Adjutant General, Camp Murray, WA, Orders 212-04, discharged
the applicant from the Washington Army National Guard and the Reserve of
the Army, effective 24 July 1996.  The record contains a properly
constituted NGB Form 22 (Report of Separation and Record of Service)
indicating that the applicant was discharged by reason of resignation, in
lieu of elimination, with a characterization of service of general, under
honorable conditions.  No further specific facts and circumstances
pertaining to the applicant’s discharge are contained in the available
records.

      b.  On 24 July 1996, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years and 14 days of active
military service in  the period under review and had a total of 14 years,
10 months and 26 days of total military service.

      c.  Evidence of record shows that the applicant had served
successfully in the Washington Army National Guard for over eight (8) years
when he was honorably discharged to accept appointment as a warrant
officer.  The applicant has submitted some evidence that he was appointed a
1LT in September 1995.  However, his discharge documents indicate that he
was a CW2 at the time of his separation.  The issue regarding the
applicant’s rank at the time of discharge has been forwarded to the Army
Board for Correction of Military Records for action.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 governs procedures covering enlisted personnel
management of the Army National Guard.  The above regulation provides that
individuals who resign in lieu of proceedings for withdrawal of Federal
Recognition will be separated.





                      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 030722.
      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 21 January
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     ( X ) 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)  The issue is rejected.  The Board carefully examined the
applicant’s record of service during the period under review.  There was a
full consideration of all faithful and honorable service as well as the
infraction of discipline, the extent thereof, and the seriousness of the
offense.  The evidence of record shows that the applicant was honorably
discharged as a staff sergeant from the Washington Army National Guard
(WAARNG) to accept appointment as a warrant officer.  Consequent to his
appointment, it appears he voluntarily resigned in lieu of elimination
pending the outcome of an AR 15-6 investigation into his misrepresentation
of his status at an Army diving course.  The applicant’s command accepted
his request for resignation and directed his separation from the WAARNG and
the Reserve of the Army.  The Board found no evidence of arbitrary or
capricious actions by the command.  Further, the Board noted the
applicant’s contentions; however, did not find said contentions
sufficiently mitigating to warrant a change in the discharge under review.
The Board, being convinced that the reason of 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):

    The applicant’s request for a change in his record to show he was a 1LT
at the time of his discharge from the WAARNG is not within the purview of
this Board.  This issue must be addressed to the Army Board of Correction
for Military Records (ABCMR).  Since the applicant has also submitted an
application to the ABCMR, his case will be forwarded for further action.
                           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       2         3

        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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
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:  2003099197                    INDEX NUMBERS:  A9217
Date of Review:  040121                                   A9235
Character of Service:  GD                                 A0113
Date of Discharge:  960724
Authority:  NGR 600-200
Reason:  A8000
Results of Board Action/
Vote/Affirmation:  NC 3-2 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