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):  940630

3.  Authority for separation:

	a.  Regulation:  Chapter 13, AR 135-178

	b.  Reason:  Unsatisfactory Participation

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: 920103                               
c.  Age: 17  Years   DOB: 740929                                                 
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT: 98                                 3.  Highest grade achieved:
    f.  Length of Service:                         E3
         2 Year(s)  5 Month(s)  28 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
	ADT	920604	920807	NA

     (Concurrent service)

PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 22 March 1994, Department of the Army, 833D Personnel Service Company (Type D) Panama City, Florida, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, with an uncharacterized discharge.  The applicant was advised of her rights.  On 22 March 1994, the applicant was administratively reduced under the provisions of AR 140-158, paragraph 7-10, from the rank of PFC/E3 to PVT/E2, due to unsatisfactory participation.  The applicant did not acknowledge receipt of notification letters of instructions-for unexcused absences or contact legal counsel for consultation.  On 22 June 1994, DA HQ; 81st US Army Reserve Command 1514 East Cleveland Avenue, East Point, Georgia; Orders 059-066 discharged the applicant from the US Army Reserve.  

	b.  On 30 June 1994, the applicant was discharged with an uncharacterized discharge.  At the time of discharge, the applicant had 2 years, 5 months, and 28 days, service on her current enlistment.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve.  Chapter 13 prescribes the procedures for discharging members for unsatisfactory participation.  A soldier is subject to discharge for unsatisfactory participation when it is determined that the soldier is unqualified for further service because a soldier is an unsatisfactory participant in scheduled unit training assemblies.  The service of a member separated under this provision will be characterized as honorable or under honorable conditions as warranted by his or her military record, unless a soldier is in entry level status (i.e., less than 180 days continuous individual active duty training or nor more than 90 days of Phase II under a split training option) and his or her service will be uncharacterized.

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 000627, 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, DC on 23 August 2000.

	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:  (   ) Recharacterization     ( X ) 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.  The Board carefully examined the applicant’s record of service during the period of enlistment under review. 
The record shows that the applicant was discharged under the provisions of AR 135-178, Chapter 13, for unsatisfactory participation.  The record contains evidence that the applicant was appropriately notified of her unexcused absences from her scheduled unit training assemblies.  Her period of service was uncharacterized because she was in entry level status.  A soldier in the Army Reserves is in entry level status for the first 180 days of continuous individual active duty training (IADT) or no more than 90 days of Phase II under a split training option.  The applicant enlisted under a split training option and did not complete Phase II.  Therefore, she was in entry level status.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The Board determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge.  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       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	

Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

EARNEST C. SMITH, JR.    
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:  2000044447                    INDEX NUMBERS:  A8401
Date of Review:  000823                                   A0101
Character of Service:  EL                                 A9321
Date of Discharge:  940630                                
Authority:  AR 135-178 C13                         
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