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):  981008

3.  Authority for separation:

      a.  Regulation:  Chapter 8, Paragraph 8-27f, NGR 600-200

      b.  Reason:  Unsatisfactory Participant

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:  3 Years               ASR
    b.  Entry date:  951228
    c.  Age:  23 Years   DOB:  711204
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  100                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Years  9 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:  NONE


                       SECTION B - Prior Service Data

Other discharge(s):

      Service    From  To    Type Discharge
      USMCR 891030     900909     NA
      USMC  900910     940909     Honorable
      USMCR 940910     941102     NA
      ARNGUS     941103      951107     Honorable
      USAR  951108     951227     NA





                         PART IV - PREHEARING REVIEW

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

      a.  The facts and circumstances (i.e., separation packet) pertaining
to the applicant’s discharge are not contained in the available records.
The evidence of record shows that the applicant absented himself from
scheduled unit training assembly (UTA) or multiple unit training assembly
(MUTA) on 6-7 June 1998, 11-12 July 1998, and 1-2 August 1998.  Separate
certified mail notification was sent to the applicant of his unexcused
absences and he acknowledged receipt of each of the notification by
completing the returning the return receipt card.  On 13 November 1998, the
Department of the Army and the Air Force, Oklahoma Army and Air National
Guard, Oklahoma City, Oklahoma, Orders 317-10, discharged the applicant
from the Army National Guard and as a Reserve of the Army, effective 8
October 1998, with a general, under honorable conditions 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 Paragraph 8-27f, NGR 600-200, by reason of
unsatisfactory participant, with a characterization of service of general,
under honorable conditions, and a Reenlistment Eligibility Code of RE3.

      b.  On 8 October 1998, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 9 months, and 11 days of
military service in the period under review and had a total of 8 years, 11
months, and 9 days of total military service.

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 040303, with no 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 27 October
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 applicant’s record is void of the
specific facts and circumstances concerning the events that led to a
discharge from the Oklahoma Army National Guard and the Reserve of the
Army.  However, the evidence of record shows that the applicant absented
himself from scheduled unit training assembly (UTA) or multiple unit
training assembly (MUTA) totaling 11 unexcused absences.  The Board also
noted that the applicant’s record contains a properly constituted NGB Form
22 (Report of Separation and Record of Service).  This document identifies
the reason and characterization of the discharge and the Board presumed
administrative regularity in the discharge process.  The evidence of record
shows the applicant was discharged from the Oklahoma Army National Guard
and the Reserve of the Army under the provisions of Paragraph 8-27f, NGR
600-200, by reason of unsatisfactory participant with a characterization of
service of General.  In the absence of evidence to the contrary, the Board
was satisfied that all requirements of law and regulation were met and the
rights of the applicant were fully protected throughout the separation
process.  The Board noted the applicant’s contentions; however, the
applicant provided no independent corroborating evidence demonstrating that
either the command's action was erroneous or that the applicant’s service
mitigated his unsatisfactory participation.  Further, changes to
reenlistment eligibility (RE) codes does not fall within the purview of
this Board.  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
                  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

                                    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:  2004105221                    INDEX NUMBERS:  A0143
Date of Review:  041027                                   A9217
Character of Service:  GD                                 A0113
Date of Discharge:  981008
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