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):  890413

3.  Authority for separation:

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

      b.  Reason:  Failure to Obtain Required Physical

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)
    a.  Period entered for:  NIF
    b.  Entry date:  760207
    c.  Age:  34 Years   DOB:  410325
    d.  Educational level:  13 Years
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
         13 Years  2 Months  15 Days

                                               4.  Performance evaluations:

                                                   NIF

                         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):  The record contains the applicant’s Army National
Guard
                     Current Annual Statement, dated 880809, which reflects
he
                     entered ARNGUS service on 610427 through his date of
                     discharge on 890421, at which time he was transferred
to the
                     USAR Control Group.  Although the statement separately
lists
                     his periods of service it does not identify the
specific
                     status categories, such as ADT, ING, etc.

      Service    From  To    Type Discharge
      ARNGUS     610427      760206     Honorable
      (Concurrent Service)



                         PART IV - PREHEARING REVIEW

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

      a.  The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.  Evidence
of record shows that on 19 April 1989, the State of Connecticut, Military
Department, Office of the Adjutant General, National Guard Armory,
Hartford, Connecticut, Orders 75-14, paragraph 1, discharged the applicant
from the Army National Guard and transferred him to the United States Army
Reserve (USAR) Control Group (Reinf), St Louis, Missouri, effective 21
April 1989, to complete his reserve obligation.  The record contains a
properly constituted NGB Form 22 (National Guard Bureau Report of
Separation and Record of Service).  His NGB Form 22 indicates that he was
discharged under the provisions of Chapter 8, paragraph 8-27j, NGR 600-200
by reason of failure to obtain required physical, with a general, under
honorable conditions discharge, and a reenlistment eligibility code of RE3.


      b.  On 21 April 1989, the applicant was discharged from the Army
National Guard and transferred to the USAR Control Group.  At the time of
discharge, the applicant had completed 13 years, 2 months, and 15 days of
military service in the period under review and had a total of 19 years, 2
months, and 15 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 8-27j of that regulation provides in pertinent part that
individuals can be separated for being medically unfit for retention.
Commanders who suspect that a soldier may not be medically qualified for
retention will direct the soldier to report for a complete medical
examination.  Soldiers will be notified in writing and given 90 days after
the letter is mailed to comply with the requirement.  Commanders can
authorize an extension of up to 60 days for extenuating circumstances.
Commander who do not recommend retention will request the soldier’s
discharge.


                      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 040217, with seven (7) 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 23 November
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:  (2)  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 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.

        (2)  The issue is accepted.  The Board carefully examined the
available records for the period of enlistment under review.  The Board
found that the applicant’s overall length and quality of service; and the
time that has elapsed since his discharge now mitigates the
characterization of service granted.  In view of the foregoing, the Board
determined that the characterization of service is now inequitable.
Accordingly, the Board voted to grant relief in the form of an upgrade to
the characterization of service to fully honorable.  Therefore, the Board
recommends that the Adjutant General, State of Connecticut, consider
changing the applicant’s characterization of service to honorable and issue
the applicant a new NGB Form 22.  The Board determined that the reason for
separation was both proper and equitable and voted not to change it.

        (1)  See Paragraph 3, below.

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
           Honorable.
      (   ) 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       3         2

        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:  26 November 2004.
To:   Adjutant General, State of New York

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

           ( X ) Change characterization of discharge to
                  Honorable.


                          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:  2004105223                    INDEX NUMBERS:  A9406
Date of Review:  041124                                   A9218
Character of Service:  GD                                 A0113
Date of Discharge:  890421
Authority:  NGR 600-200 C8
Reason:  A
Results of Board Action/
Vote/Affirmation:  HD 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