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):  970723

3.  Authority for separation:

      a.  Regulation:  NGR 600-200 & VOTAG

      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:
                                           ARCAM (2)
    a.  Period entered for:  8 Years (Ext 6 Yrs)   NDSM
    b.  Entry date:  880504                        ASR
    c.  Age:  18 Years   DOB:  700421
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  95                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          9 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     880504      880629     NA
      IADT  880630     880831     Uncharacterized
      ARNGUS     880901      890720     NA
      ADT   890721     891005     Honorable
         (Concurrent Service)




                         PART IV - PREHEARING REVIEW

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

      a.  All of the facts and circumstances 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 assembly on
4-5 January 1997, 1-2 February 1997, 19-20 July 1997, and 1-2 August 1997.
Separate certified mail notification was sent to the applicant of his 9
unexcused absences of which two of the four return receipt cards signed by
the applicant are in the available records.  On 27 October 1997, the Office
of the Adjutant General, State of New York, Latham, New York, Orders 300-
032, discharged the applicant from the Army National Guard, effective 23
July 1997, 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 date confirmed 970723, with a
characterization of service of general, under honorable conditions, and a
RE Code of 3 (CW).

      b.  On 23 July 1997, the applicant was discharged.  At the time of
discharge, the applicant had completed 9 years, 2 months, and 20 days of
military service in the period under review.

      c.  The evidence of record also shows that due to the applicant’s
unexcused absences the applicant was reduced from the grade of E4 to E2
prior to being discharged.

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 040401, with two (2) 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 1 December
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)  The issue is rejected.  All the facts and circumstances are
not in the available record; however, the Board determined that sufficient
information is in the record to show that the applicant was properly
discharged from the State of New York Army National Guard due to his
unsatisfactory participation with a characterization of service of general,
under honorable conditions.  The latter is confirmed by both the
applicant’s statement before the Board and a properly constituted NGB Form
22 (Report of Separation and Record of Service) found in the record.  The
Board noted the applicant’s contentions; however, did not find said
contentions sufficiently mitigating to warrant an upgrade of the discharge
under review.  The Board determined that the applicant had many legitimate
avenues through which to obtain assistance or relief, without accumulating
the unexcused absences, which led to the separation action under review.
By his unsatisfactory participation, the applicant diminished the quality
of his service below that meriting a fully honorable discharge.  The
applicant provided no independent corroborating evidence demonstrating that
either the command's action was erroneous or that the applicant’s service
mitigated his 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       2         3

        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:  2004106634                    INDEX NUMBERS:  A9217
Date of Review:  041201                                   A9235
Character of Service:  GD                                 A0113
Date of Discharge:  970723
Authority:  NGR 600-200 & VOTAG
Reason:  A8400
Results of Board Action/
Vote/Affirmation:  NC 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