PART II - APPLICATION DATA

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

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  960731

3.  Authority for separation:

	a.  Regulation:  Chapter 8, 27f, NGR 600-200

	b.  Reason:  Not Within Reasonable Commuting Distance

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          GCMDL                       
a.  Period entered for: NIF                    NDSM
b.  Entry date: 960110                         AFTRNR      
c.  Age: 23  Years   DOB: 720301               AFOUA                                  
d.  Educational level:  HS Grad                SAEMR(1)                                 
e.  Aptitude area score:
	    GT: NIF                                3.  Highest grade achieved:
    f.  Length of Service:                         E4
         0 Year(s)  6 Month(s)  21 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
	DEP	920219	920405	NA

PART IV - PREHEARING REVIEW

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

	a.  The evidence of record shows that on 19 July 199, the State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, State of North Carolina, Orders 164-213 discharged the applicant from the Army National Guard, effective 31 July 1996.  She was assigned to the USAR Control Group (Reinforcement) Army Reserve Personnel Center, St. Louis, MO.  The applicant was not available to sign her NGB Form 22 (Report of Separation and Record of Service).  Her NGB Form 22 indicates that she was discharged under the provisions of NGR 600-200 Chapter 8, 27g & Chapter 4 AR 135-91 for unsatisfactory participation with a characterization of service of general, under honorable conditions.  On 5 August 1996, the State of North Carolina, Dept. of Crime Control and Public Safety, Office of the Adjutant General, State of North Carolina, Orders 178-6; revoked Orders 164-213; dated 19 July 1996 and directed that a new NGB Form 55a (Report of Separation and Record of Service) be issued under the provisions of Chapter 8-27f, NGR 600-200, Narrative reason (Not Within Reasonable Commuting Distance), RE-Code 1 with a characterization of service of honorable. 

	b.  On 31 July 1996, the applicant was discharged.  She was credited with 
6 months, and 21 days, active service on the enlistment under review.  

	c.  NGB Form 22A (Correction to NGB Form 22), dated 2 October 1996, effectively corrected the applicant’s official records to show that she received an honorable discharge under the provisions of Para 8-27f, NGR 600-200, with a narrative reason of discharge “not within reasonable commuting distance”.  In Orders 178-8, the Adjutant General, State of North Carolina, revoked the applicant’s previous orders for a general discharge with issuance of NGB Form 56A (General Discharge Certificate) and issued the applicant a NGB Form 55A (Honorable Discharge Certificate).

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 991113, with five (5) 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 March 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:
	    (   )	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)  The issue is rejected.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  From the evidence submitted by the applicant in support of her request, it appears that the error in her record was corrected by official orders revoking the prior characterization of service and the NGB Form 56A (General Discharge Certificate) issued.  The NGB Form 22A, dated 22 October 1996, indicates that block 24 of the original NGB Form 22 is corrected to read honorable.  As such, there is no action currently before the Army Discharge Review Board.  If the applicant has specific administrative questions regarding her official record, she should contact the North Carolina Office of the Adjutant General directly.  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:  2001051861                    INDEX NUMBERS:  A9445
Date of Review:  010307                                   A0100
Character of Service:  HD                                 
Date of Discharge:  960731                                
Authority:  NGR 600-200 C8                         
Reason:  A0400                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. LTC LONG, JOHN	Mbr          X                 X       

    2. 	Mbr          X                 X       

    3. COL MOORE, SPURGEON, A	Mbr          X                 X       

    4. 	Mbr          X                 X       

    5. 	PO           X                 X