Applicant Name:  ?????

Application Receipt Date: 080902	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 149, in lieu of DD Form 293, and supporting documentation submitted by the Applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 970820   Chapter: NIF    AR: NGR 600-200
Reason: NIF	   RE:     SPD: NIF   Unit/Location: New York Army National Guard, Latham, NY 

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 910321    Current ENL Term: 1 Years  Applicant extended for 6 years on 920201 (DA Form 4836 indicating ETS date of 980320)
Current ENL Service: 	06 Yrs, 04 Mos, 29 Days ?????
Total Service:  		19 Yrs, 05 Mos, 02 Days Computation based on best available information contained within the record of evidence which may/may not be conclusive.
Previous Discharges: 	USAR - 980915/HD (Concurrent Service)
                                       USARCG - 900302-910320/NA (Concurrent Service)
                                       ARNG - 880913-900301/GD (Concurrent Service)
                                       USAR - 820911-880912/NA
                                       IADT - 820723-820910/HD
                                       USAR - 820712-850607/NA
                                       ARNG - 760112-770111/HD
                                       USARCG - 740221-760111/NA
                                       RA - 720918-740220/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 91B Combat Med Spec   GT: 94   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM (2), ARCAM (3), AFRM

V.  Post-Discharge Activity
City, State:  Green Island, NY
Post Service Accomplishments: None submitted by the Applicant.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence shows the Applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the New York Army National Guard.  The record indicates that on 5 December 1997, the Office of the Adjutant General, State of New York, Latham, New York, Orders 339-024, discharged the Applicant from the Army National Guard effective 20 August 1997, with an under other than honorable conditions discharge.  The record indicates the Applicant was discharged under the authority of NGR 600-200, AR 611-201. 
       The record of evidence includes a memorandum addressed to the Applicant from the Department of the Army, Company B, 1st Battalion, 101st Cavalry, New York Army National Guard, Albany, New York, dated 25 April 1996, Subject: Letter of Instruction for Unexcused Absences, in which the Applicant was informed he had accrued six (6) unexcused absenses as of the date of the memorandum.  Additionally, the record of evidence includes another memorandum to the Applicant from the above stated organization, subject as stated above, dated 17 August 1997, informing the Applicant he was absent, without excuse, from annual training 16-30 August 1997. Also, the record of evidence includes a memorandum dated 13 March 1996, from the above stated organization, informing the Applicant he had been reduced in grade from E4 to E3 due to his Absense Without Official Leave (AWOL)/failure to attend a scheduled drill assembly on 8 March 1996.

       b.  Legal Basis for Separation:  
       Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the Army National Guard.  Paragraph 13-1 of that regulation 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.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the Applicant’s available records for the period of enlistment under review, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge.   On 5 December 1997, the Office of the Adjutant General, State of New York, Latham, New York, Orders 339-024, discharged the Applicant from the Army National Guard effective 20 August 19197, with an under other than honorable conditions discharge.  All the facts and circumstances pertaining to the Applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.  Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the Applicant were fully protected throughout the separation process.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 June 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the Applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014934
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