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):  920801

3.  Authority for separation:

      a.  Regulation:  NGR 600-200

      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 (2)
    a.  Period entered for:  6 Years (Ext 6 Yrs)   NDSM
    b.  Entry date:  820512                        ASR
    c.  Age:     Years   DOB:  610730
    d.  Educational level:  11 Years
    e.  Aptitude area score:
          GT:  80                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          10 Years  2 Months  20 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     820512      820725     NA
      ADT   820726     821120     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 29 July 1992, the Office of the Adjutant General, State of New York,
Latham, New York, Orders 147-284, discharged the applicant from the Army
National Guard, effective 1 August 1992, 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, with a characterization of
service of general, under honorable conditions, and a Reenlistment
Eligibility code of RE-03 (CW).

      b.  On 1 August 1992, the applicant was discharged.  At the time of
discharge, the applicant had completed 10 years, 2 months, and 20 days of
total military service in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 govern procedures covering enlisted personnel
management of the Army National Guard


                      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 040315, with three (3) 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:
          (   )  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 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 Board noted the applicant’s
contentions; however, the available evidence does not support the
applicant’s contentions and the applicant has provided no independent
corroborating evidence in support of his contentions.  The applicant’s
record is void of facts and circumstances concerning the events that led to
a discharge from 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 authority for separation
and characterization of the discharge and the Board presumed Government
regularity in the discharge process.  The evidence of record shows the
applicant was discharged under the provisions of NGR 600-200 (specific
reason not in file), with a characterization of service of general, under
honorable conditions.  In the absence of information 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, being convinced that the authority for
discharge and the characterization of service were both proper and
equitable, voted to deny relief.

      b.  Equity:      The applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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:  2004106380                    INDEX NUMBERS:  A0143
Date of Review:  041123                                   A0113
Character of Service:  GD                                 A9217
Date of Discharge:  920801
Authority:  NGR 600-200
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