DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                                4 March 2005


Office of the President



      The Army Discharge Review Board reviewed your case and determined
that relief was warranted as indicated on the enclosed OSA Form 172, Case
Report and Directive.  Accordingly, your case has been referred through the
National Guard Bureau to the Adjutant General, State of Florida,
recommending a change to your discharge.

      If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that directive.  You should
read Enclosure 5 of that directive before submitting a complaint.  The
complaint procedure does not permit you to challenge the merits of the
decision, but is designed solely to ensure that the decisional document
meets applicable requirements for clarity and responsiveness.  You may
obtain a copy of DoD Directive 1332.28 by writing to:  DA Review Boards
Agency, Attention:  (Reading Room), The Pentagon, Washington, DC 20310-
1809.

      Should you have any questions relating to the documentation
implementing the Board's decision, you should contact the Adjutant General,
State of Florida, P.O. Box 1009, St. Augustine, Florida  22085-1008.

                                  Sincerely,




                                  Robert L. House
                                  Colonel, U.S. Army
                                  President


Enclosure

                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:       ADDRESS:


      PHONE:




COUNSEL:    ADDRESS:

      PHONE:




ALTERNATE PERSON(S) TO BE NOTIFIED:     ADDRESS:

RELATIONSHIP:                     PHONE:



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




                                   REMARKS
                            Case Management Data

(   )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
                         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):  000705

3.  Authority for separation:

      a.  Regulation:  Chapter 8, Paragraph 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:
                                           AAM
    a.  Period entered for:  NIF                   GCMDL
    b.  Entry date:  980405                        NDSM
    c.  Age:  22 Years   DOB:  730303              ASR


    d.  Educational level:  HS Grad                OSR


    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Year(s)  3 Month(s)  0 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
      ARNGUS     940317      940503     N/A
      ADT   940504     940902     Honorable
      ARNGUS     940905      950405     Honorable
        (Concurrent service)
      RA    950406     980404     Honorable



                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that the applicant was notified on
several occasions of his absences from scheduled multiple unit training
assemblies (Florida Army National Guard.)  On 13 April 1999, the applicant
was notified that he was recommended for reduction in grade to private
first class due to his excessive periods of AWOL.  After attempting various
times to contact the applicant without success, on 7 March 2000, the unit
commander recommended that the applicant be discharged for unsatisfactory
participation.  On 5 July 2000, the separation authority approved the
applicant’s discharge from the Army National Guard with a general discharge
and transfer to the USAR Control Group (AT).  On 5 July 2000, Department of
the Army and the Air Force, Florida National Guard, Office of the Adjutant
General, St. Augustine, FL, Orders P187-034 discharged the applicant from
the Army National Guard and assigned him to the USAR Control Group (AT),
effective 5 July 2000, with a general, under honorable conditions
discharge.  The record also contains a NGB Form 56A (General Discharge
Certificate.)  However, the record shows the applicant was issued an
Automated Separation Document in Lieu of NGB Form 22 (Report of Separation
and Record of Service) which erroneously reflects that the applicant’s
service was characterized as honorable.

      b.  On 5 July 2000, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years and 3 months of service in
the Florida Army National Guard in the period under review and had a total
of 6 years, 3 months and 18 days of military service.

      c.  On 18 March 2003, the applicant was discharged from the United
States Army Reserve with an honorable discharge.

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 040711, with multiple enclosure(s).
      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, D.C. on 2 March
2005.

      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:  (2)  The discharge is inequitable.

      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)  See Paragraph 3, below.

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s record during the period of service 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 evidence of record shows that the appropriate authority
approved the applicant’s separation under the provisions of Chapter 8-26k,
NGR 600-200, by reason of unsatisfactory participation, with a
characterization of service of general, under honorable conditions and
directed transfer to the USAR Control Group (Annual Training).  However,
while the applicant’s discharge order and discharge certificate reflect the
approved characterization and reason for separation, the Board noted that
the Automated Separation Document in Lieu of NGB Form 22 indicates that the
applicant was discharged with a characterization of service of honorable.
Notwithstanding the foregoing, the Board determined that the applicant’s
separation action was and is inequitable.  The Board found that the
applicant’s unsatisfactory participation was mitigated by circumstances
surrounding his inability to receive his monetary compensation for drills
attended and his overall length and quality of service, to include receipt
of an Army Achievement Medal and an Army Good Conduct Medal.  Accordingly,
the Board voted to change the applicant’s separation documents to reflect
that he was separated under the provisions of Chapter 8, Paragraph 8-27h,
NGR 600-200 (Mar 1997), to become a member of the Army Reserve, with an
honorable characterization of service.  Therefore, the Board recommends
that the Adjutant General, State of Florida, consider changing the
applicant’s separation documents as stated above.

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 issue 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  NG characterization.  Change
           characterization to Honorable.
      ( X ) Inequitable as to NG reason.  Change reason to Become a Member
           of the Army Reserve under Chapter 8-27h, NGR 600-200 (Mar 1997).
      (   ) 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       3         2
    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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A – DIRECTIVE

Thru: Chief, National Guard Bureau            Date:  4 March 2005
To:   Adjutant General, State of Florida

     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 Florida, with issuance of a
new NGB Form 22, as follows:

           ( X ) Change characterization of discharge to Honorable.
           ( X ) Change reason and authority for discharge to Become
            a Member of the Army Reserve, Chapter 8-27h, NGR 600-200.
           ( X ) Other (see remarks below).

Remarks:  This recommendation entails voiding the original discharge order
          and certificate and issuing new separation documents.

                          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:  20040004733                   INDEX NUMBERS:  A9406
Date of Review:  050302                                   A9218
Character of Service:  GD                                 A9456
Date of Discharge:  000705                                A0100
Authority:  NGR 600-200, C8
Reason:  A8400
Results of Board Action/
Vote/Affirmation:  HD 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