PART II - APPLICATION DATA

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

1.  Character of Discharge:  Uncharacterized

2.  Date of discharge (or REFRAD):  971126

3.  Authority for separation:

      a.  Regulation:  Appendix A, Para 1-26e(1), NGR 600-200

      b.  Reason:  Conviction by Civil Court

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCAM (2)   ASR
    a.  Period entered for:  3 Years (Ext 6+3 Yrs) NDSM
    b.  Entry date:  880311                        HSM
    c.  Age:  24 Years   DOB:  630805              AFRM
    d.  Educational level:  GED                    NCOPDR
    e.  Aptitude area score:
          GT:  92                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          9 Years  8 Months  16 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
      ARNGUS     801116      810104     NA
      IADT  810105     810630     Uncharacterized
      ARNGUS     810701      820323     NA
      ARNGUS     820324      850718     Honorable
      ARNGUS     850719      871228     NA
      USAR  871229     880310     NA




                         PART IV - PREHEARING REVIEW

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

      a.  All the facts and circumstances pertaining to the applicant’s
discharge proceedings are not contained in the available records.  On 12
November 1998, the State of New Jersey, Department of Military and Veterans
Affairs, Trenton, New Jersey, Orders 316-003, discharged the applicant from
the Army National Guard and as a reserve of the Army, effective 26 November
1997, with an uncharacterized discharge.  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
Appendix A, Paragraph 1-26e(1), NGR 600-200, with service uncharacterized
by reason of conviction by civil court.

      b.  On 26 November 1997, the applicant was discharged.  At the time
of discharge, the applicant had completed 9 years, 8 months, and 16 days of
military service in the period under review and had a total of 16 years, 11
months, and 9 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 govern procedures covering enlisted personnel
management of the Army National Guard.  Appendix A, Paragraph 1-26e(1),
(Refer to AR 135-178, Chapter 7, for discharge by reason of Conviction by
Civil Court) provides in pertinent part, that discharge action may be
initiated against soldiers when initially convicted by civil authorities,
or action is taken that is tantamount for a finding of guilty or when a
punitive discharge would be authorized for the same or a closely related
offense under the MCM, or the sentence by civil authorities includes
confinement for 6 months or more without regard to suspension or probation.
 Army policy states that an under other than honorable conditions discharge
is normally considered appropriate, but a general discharge under honorable
conditions may be granted.


                      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 040421, 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:
         (   ) Records review             ( X ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 4 October
2004.

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

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

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

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

2.  Exhibit(s) submitted at hearing:  27 post-service documents.
                        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:  (2)  The characterization of service is improper.

      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.

        (2)  The issue is accepted.  The evidence of record shows that the
applicant discharged under the provisions of Appendix A, Paragraph 1-
26e(1), NGR 600-200, by reason of conviction by civil court with service
uncharacterized.  At the time of discharge the applicant had completed 9
years, 8 months, and 16 days of active military service in the period under
review.  In view of the foregoing, the Board determined that the
applicant’s characterization of service was and is improper.  The Board
found that the applicant was not in an entry-level status and his service
required characterization.  Accordingly, the Board voted to grant relief in
the form of an upgrade of characterization of service to general, under
honorable conditions.  Therefore, the Board recommends that the Adjutant
General, State of New Jersey, consider changing the applicant’s
characterization of service to general, under honorable conditions and
issue the applicant a new NGB Form 22.  Notwithstanding the decision of the
Adjutant General of the State of New Jersey, 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.  The Board determined that the reason for discharge was both
proper and equitable and voted not to change it.

      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.  Changes to reentry eligibility codes
do not fall within the purview of this Board.  If the applicant desires to
reenlist, he should contact the local recruiter to determine his
eligibility to reenlist.  Those individuals can best advise a former
service member as to the needs of the Army at the time, and are required to
process waivers of RE codes.  See response to issue (2) above.

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:

      (   ) Proper.
      ( X ) Improper as to characterization.  Change characterization to
           General, Under Honorable Conditions.
      (   ) 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       5         0

        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
                  1901 South Bell Street, 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:  8 October 2004.
To:   Adjutant General, State of New Jersey

     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 New Jersey, 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:  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.  ARBA Support Division-St. Louis, is
directed to insure that the applicant’s discharge from the Reserve of the
          Army
reflects the aforementioned change.  This action does not entail a
          restoration
of grade.
                          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:  20040000287                   INDEX NUMBERS:  A0102
Date of Review:  041004                                   A0113
Character of Service:  EL                                 A9217
Date of Discharge:  971126                                A9445
Authority:  NGR 600-200 App A
Reason:  A6100
Results of Board Action/
Vote/Affirmation:  GD 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