DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                              30 September 2005


Office of the President


      The Army Discharge Review Board reviewed your case and determined
that relief was warranted as indicated on the enclosed OSA Form 172, Case
Report and Directive.  Accordingly, your case has been referred through the
National Guard Bureau to the Adjutant General, State of Florida,
recommending a change to your discharge.

      If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that directive.  You should
read Enclosure 5 of that directive before submitting a complaint.  The
complaint procedure does not permit you to challenge the merits of the
decision, but is designed solely to ensure that the decisional document
meets applicable requirements for clarity and responsiveness.  You may
obtain a copy of DoD Directive 1332.28 by writing to:  DA Review Boards
Agency, Attention:  (Reading Room), The Pentagon, Washington, DC 20310-
1809.

      Should you have any questions relating to the documentation
implementing the Board's decision, you should contact the Adjutant General,
State of Florida, P.O. Box 1008, St. Augustine, Florida  32085-1008.

                                  Sincerely,




                                  Robert L. House
                                  Colonel, U.S. Army
                                  President


Enclosure

                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:  .    ADDRESS

            PHONE:
COUNSEL:    ADDRESS:

      PHONE:




ALTERNATE PERSON(S) TO BE NOTIFIED:     ADDRESS:

RELATIONSHIP:                     PHONE:



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




                                   REMARKS
                            Case Management Data

(   )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
                         PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Uncharacterized

2.  Date of discharge (or REFRAD):  020301

3.  Authority for separation:

      a.  Regulation:  NGR 600-200, Chapter 8, 26b (3)

      b.  Reason:  Failure to meet medical procurement standards

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           NONE
    a.  Period entered for:  8 Years
    b.  Entry date:  990210
    c.  Age:  17 Years   DOB:  810921


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  96                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          3 Year(s)  0 Month(s) 22 Day(s)

                                               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
      IADT  990608     990828     NA




                         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 7 March 2002, Department of the Army and the Air Force, Florida National
Guard, Office of the Adjutant General, St. Francis Barracks, P. O. Box
1008, St. Augustine, Florida, Orders P066-050, discharged the applicant
from the Army National Guard and the Reserve of the Army, effective 1 March
2002.  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 Paragraph 8-26b(3), NGR 600-200, with a
characterization of service of uncharacterized, and a RE Code of 3.

      b.  On 1 March 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 3 years and 22 days of military
service in the period

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 and Army Regulation 135-178 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 8-26b(3) of that regulation provides in pertinent part
that individuals can be separated for failure to meet medical procurement
standards prior to entry on IADT.


                      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 050105, with multiple enclosure(s).
      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 28 September
2005

      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 inequitable.

      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)  See Paragraph 3, below.

        (2)  The issue is accepted.  The Board carefully examined the
available record of service during the period of enlistment under review.
NGR 600-200, Paragraph 8-26b(3), in pertinent part, provides that
individuals can be separated for failure to meet medical procurement
standards prior to entry on IADT.  The evidence of record shows that the
applicant enlisted in the Florida Army National Guard (FLARNG) and the
Reserve of the Army and, during initial active duty for training, she
either aggravated a previous injury or was diagnosed with another  pre-
existing medical condition and was unable to complete her required
training.  She was released from active duty for failing to meet medical
procurement fitness standards, was returned to her unit (144th Trans Co,
Marianna, FL) and, according to her DA Form 2-1 (Personnel Qualification
Record) was assigned duty in MOS 88M from 2 July 1999 until her separation
on 1 March 2002.  Further, the applicant’s NGB Form 23B (Army National
Guard Retirement Points History Statement) indicates that she was in status
“B7,” an Army National Guard Unit Member on Initial Entry Training.
However, this form also indicates that she accrued 3 years and 22 days
creditable service for retired pay.  Notwithstanding the propriety of the
applicant’s discharge, the Board determined that given the evidence that
the applicant was retained for over three years, was performing duty as an
88M, and was accruing creditable service for retired pay, that the
characterization of service was and is inequitable.  Accordingly, the Board
recommends that the Adjutant General, State of Florida, change the
applicant’s characterization of her National Guard service to honorable and
issue a new NGB Form 22 reflecting this change.  The Board directs that the
Adjutant General, State of Florida, change the applicant’s discharge order
to reflect that she was discharged as a Reserve of the Army with an
honorable discharge.  The Board found that the reason for discharge was
both proper and equitable, and voted not to change it.

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 NG and USAR characterization.  Change
           characterization of USAR service to Honorable.  Recommend
           changing
            National Guard service 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

                          
Ms. McKim-Spilker

Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

Thru: Chief, National Guard Bureau            Date:  30 September 2005
To:   Adjutant General, State of Florida

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

           ( X ) Change characterization of discharge on NGB Form 22 to
                 Honorable.
           ( X ) Other (see remarks below).

Remarks:  The Board directs the issuance a new discharge order showing
          the applicant was separated as a Reserve of the Army with an
          honorable discharge.


                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:



ESMERALDA G. PROCTOR
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:  20050000676                   INDEX NUMBERS:  A9406
Date of Review:  050928                                   A9218
Character of Service:  EL                                 A0101
Date of Discharge:  020301
Authority:  NGR 600-200 C8
Reason:  A2900
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