PART II - APPLICATION DATA

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

1.  Character of Discharge:  GD

2.  Date of discharge (or REFRAD):  950501

3.  Authority for separation:

a.  Regulation:  (1)  Orders 69-180, Department of Military Affairs, State of
                 Illinois, dated 11 April 1995.
	    (2)  NGR 600-200

	b.  Reason:  Misconduct

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          NDSM                      
a.  Period entered for:  8 Years               ASR
b.  Entry date:  890621                        
c.  Age:  23 Years   DOB:  650917                                          
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT:  114                               3.  Highest grade achieved:
    f.  Length of Service:                         E4
        5 Years  10 Months  11 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        890907    900210        UNCHAR
	     (concurrent service)

PART IV - PREHEARING REVIEW

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

	a.  The actual separation packet is not part of the available records.  However, the record does show that on 11 April 1995, the Department of Military Affairs of the State of Illinois published Orders Number 69-180, discharging the applicant from the Army National Guard and as a Reserve of the Army, effective 
1 May 1995.  The record also contains a properly constituted National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which documents the following facts:  Character of Service-General, Under Honorable Conditions;  Authority and Reason for Separation-Orders No 69-180, Department of Military Affairs, State of Illinois, dated 11 Apr 95, and NGR 600-200/Misconduct. 

	b.  On 1 May 1995, the applicant was discharged with a GD.  At the time of his discharge he was credited with 5 years, 10 months, and 11 days of National Guard Service.

	c.  The applicant’s record shows that he completed almost 6 years of service in the Army National Guard and that the highest rank he attained was specialist/E-4.  The available records do not contain the applicant’s disciplinary history, nor do they document any acts of valor, significant achievement, or service warranting special recognition.  The record does contain a properly constituted NGB Form 22 which documents that the applicant was discharged for misconduct.

2.  Legal/Regulatory Basis for Separation Action:  National Guard Regulation (NGR) 600-200 and Army Regulation 135-91 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 8-27(g) 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.  

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 990225, with two (2) 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 D.C. on 21 April 1999.

	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) and (2)  The issues are rejected.  The Board noted the applicant’s contentions that, in effect, even though he tested positive for drug use he never used drugs and believes that the samples were mishandled; and that at the time of his discharge he was enrolled in school and had a 3.5 grade point average which is incompatible with drug use.  However, the Board determined that the applicant provided no independent corroborating evidence demonstrating that his drug tests were mishandled or that his education record mitigated his misconduct. The available records do not contain the specific circumstances concerning events that led to the applicant’s discharge from the Army National Guard; however, it does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service).  This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process.  The Board, being convinced that the reason for discharge and the characterization of service were 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       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
                  1941 Jefferson Davis Highway, 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. ADRIANCE                           
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SUZANNE WALKER    
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:  1999024087                    INDEX NUMBERS:  A9217
Date of Review:  990421                                   A9239
Character of Service:  GD                                 A0100
Date of Discharge:  950501                                
Authority:  NGR 600-200                                   
Reason:  A6730                                            
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. 	Mbr          X                  X