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):  970423

3.  Authority for separation:

      a.  Regulation:  Chapter 8, Paragraph 8-26q, NGR 600-200

      b.  Reason:  Acts or Patterns of Misconduct

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:  7 Years  47 Weeks     ASR
    b.  Entry date:  950623                        ARCOTR
    c.  Age:  27 Years   DOB:  670915
    d.  Educational level:  GED
    e.  Aptitude area score:
          GT:  96                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          1 Year  10 Months  1 Day

                                               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     940614      950615     Uncharacterized
      ARNGUS     950623      951011     NA
      ADT   951012     960403     Honorable
      ARNGUS     940404      970423     General
        (Concurrent Service)




                         PART IV - PREHEARING REVIEW

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

      a.  The specific facts and circumstances leading to the applicant’s
discharge are not contained in the available records.  On 23 April 1997,
the State of Maryland, Military Department, Baltimore, Maryland, Orders 063-
135, discharged the applicant from the Army National Guard and as a Reserve
of the Army, effective 23 April 1997.  The record contains a properly
constituted NGB Form 22 (Report of Separation and Record of Service),
indicating discharge under the provisions of NGR 600-200, paragraph 8-26q,
by reason of acts or patterns of misconduct, with a characterization of
service of general, under honorable conditions.

      b.  On 23 April 1997, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 10 months, and 1 day of
military service in the period under review and had a total of 2 years, 10
months, and 3 days of total military service.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for
the administrative separation of enlisted personnel of the Army National
Guard and Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent
part, reasons for discharge and separation of enlisted personnel from the
State Army National Guard and as a Reserve of the Army.  The regulation,
defines misconduct by reason of one or more of the following:  minor
disciplinary infractions, a pattern of misconduct, commission of a serious
offense, abuse of illegal drugs, and conviction by civil authorities.


                      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 020302, 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 3 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:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      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.

        (1-7)  The issues are rejected.  The applicant’s record is void of
facts and circumstances concerning events that led to a discharge from the
Maryland Army National Guard and Reserve of the Army.  The Board 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 government
regularity in the discharge process.  The applicant provided no independent
corroborating evidence demonstrating that either the command’s action was
erroneous or that the applicant’s service mitigated the misconduct or poor
duty performance.  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

                          
Ms. McKim-Spilker
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:  2004105380                    INDEX NUMBERS:  A9217
Date of Review:  041103                                   A0143
Character of Service:  GD
Date of Discharge:  970423
Authority:  NGR 600-200 C8
Reason:  A6750
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