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):  890801

3.  Authority for separation:

      a.  Regulation:  NGR 600-200 & VOTAG

      b.  Reason:  NIF

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCAM
    a.  Period entered for:  6 Years               ASR
    b.  Entry date:  840106
    c.  Age:  18 Years   DOB:  650119
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  125                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          5 Years  6 Months  26 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     840106      840129     NA
      ADT   840130     840605     Honorable
        (Concurrent Service)




                         PART IV - PREHEARING REVIEW

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

      a.  The facts and circumstances leading to the applicant’s discharge
are not contained in the available records.  Evidence of record shows that
on 3 August 1989, the State of New York, Executive Department, Division of
Military and Naval Affairs, Latham, New York, Orders 149-84, discharged the
applicant from the Army National Guard, effective 1 August 1989, with a
general, under honorable conditions discharge, and assigned him to the USAR
Control Group (Annual Training), St Louis, Missouri for the remainder of
his contractual obligation.  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 NGR 600-200 & VOTAG,
with a characterization of service of general, under honorable conditions,
and a RE Code of 3 (CW).

      b.  On 1 August 1989, the applicant was discharged.  At the time of
discharge, the applicant had completed 5 years, 6 months, and 26 days of
total military service in the period under review.

      c.  Although the specific facts and circumstances are not in the
available records the applicant’s statement implies that his discharge was
based on his lack of attendance to scheduled drill weekends with his ARNG
unit.  He states that his civilian employment required him to work on
weekends and that his employer would not permit him the time to attend his
required ARNG drills or attend Summer Camp training.  Furthermore, he
states that to avoid financial hardship he chose to attend his civilian job
rather than attending required ARNG drills.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 govern procedures covering enlisted personnel
management of the Army National Guard.  Paragraph 1-26k, Appendix A (Refer
to AR 135-178, Chapter 13, for discharge by reason of Unsatisfactory
Participation) 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 040309, with four (4) 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 10 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:  (5)  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.

        (5)  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; his post-
service accomplishments; and the time that has elapsed since his discharge
now mitigate 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 New
York, 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.

        (1-4)  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       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:  12 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 New York, 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:  2004105587                    INDEX NUMBERS:  A9406
Date of Review:  041110                                   A9222
Character of Service:  GD                                 A9218
Date of Discharge:  890801                                A0113
Authority:  NGR 600-200 & VOTAG
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