PART II - APPLICATION DATA

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

1.  Character of Discharge:  General

2.  Date of discharge (or REFRAD):  940819

3.  Authority for separation:

	a.  Regulation:  Chapter 8, NGR 600-200

	b.  Reason:  Fraudulent Entry

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: 930622                               
c.  Age: 19  Years   DOB: 730804                                                 
d.  Educational level:  HS Grad                                                 
e.  Aptitude area score:
	    GT: 100                                3.  Highest grade achieved:
    f.  Length of Service:                         E2
         1 Year(s)  1 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
	ARNGUS	930622	931013	NA
	ADT	931014	940219	Uncharacterized

	          (Continued service)

PART IV - PREHEARING REVIEW

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

	a.  The evidence of record shows that the Department of Military Affairs, Headquarters, Delaware National Guard First Regiment Road Wilmington, DE. Orders 174-035 initiated the applicant’s discharge under the provisions of Chapter 8, NGR 600-200 by reason of fraudulent entry (i.e., concealment of civilian criminal record).  On 19 August 1994, Orders 174-035, the Department of Military Affairs, Headquarters, Delaware National Guard, First Regiment Road, Wilmington, DE, discharged the applicant from the Army National Guard and the Reserve of the Army, effective 19 August 1994.  The applicant was discharged without personal notice and he was not available to sign his NGB Form 22 (Report of Separation and Record of Service).  His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, NGR 600-200 with a characterization of service of general. 

	b.  On 19 August 1994, the applicant was discharged.  He was credited with 1 year, 1 month, and 28 days service for the period of enlistment under review.  

	c.  The evidence shows that the applicant successfully completed basic combat training and advanced individual training in military occupational specialty 71L (Clerk Typist) at Fort Jackson, South Carolina.  An ENTNAC was completed on 930701.  The record contains no UCMJ actions or derogatory counseling.  Post-service the applicant was involved in a serious automobile accident and he suffers from a traumatic brain injury with a resulting memory loss.  His father has made application for an upgrade of his discharge and states that the applicant does not remember serving in the Army National Guard and cannot provide any evidence in support of his claim.  

2.  Legal/Regulatory Basis for Separation Action:  National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 provide the procedures and policies concerning enlisted personnel management and separations of the Army National Guard and Reserve of the Army personnel. 

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 001128, 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 7 February 2001.

	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     ( 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 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.  See response to issue (2) below.

	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.

        (2)  The issue is accepted.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  In view of the available evidence of record and barring evidence to the contrary, the Board presumed government regularity in the discharge process,  Notwithstanding the aforementioned, the Board found that the preponderance of the applicant’s service attests to faithful and honorable service and mitigated the characterization of service granted.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to fully honorable.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.

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                      .

	(   )	Equitable.
	( X )	Inequitable as to characterization.  Change characterization 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
                  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

Thru: Chief, National Guard Bureau            Date:  9 February 2001
To:   Adjutant General, State of Delaware

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

           ( X )	Change characterization of discharge to Honorable.
           ( X )	Other (see remarks below).

Remarks:  Upon completion of this action this case should be returned to ARBA
          Support Division-St. Louis at 9700 Page Avenue, St. Louis, Missouri
          63132-5200, for final action.  ARBA Support Division-St. Louis, is 
          directed to change the applicant’s discharge from the Reserve of the
          Army as stipulated in Part VI and Part VII of this Case Report and
          Directive.  

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:  2000050558                    INDEX NUMBERS:  A9218
Date of Review:  010207                                   A9236
Character of Service:  GD                                 A9500
Date of Discharge:  940819                                
Authority:  NGR 600-200 C8                         
Reason:  A6200                                            
Results of Board Action/                                  
Vote/Affirmation:  HD5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. 	Mbr          X       X                 

    2. COL MOORE, SPURGEON A.	Mbr          X       X                 

    3. 	Mbr          X       X                 

    4. 	Mbr          X       X                 

    5. 	PO           X       X