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):  990106

3.  Authority for separation:

	a.  Regulation:  Chapter 13, AR 635-200

	b.  Reason:  Unsatisfactory Performance

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          AAM                    
a.  Period entered for:  3  Years (OAD)        GCMDL
b.  Entry date:  940504                        AFRM
c.  Age:  34  Years   DOB:  590821                                              
d.  Educational level:  HS GED                                                  
e.  Aptitude area score:
	    GT:  114                               3.  Highest grade achieved:
    f.  Length of Service:                         E6
          4  Year(s)  8  Month(s)  3  Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   See OMPF

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
	RA	761015	791014	Honorable
	USARCG	791015	840305	NA
	ARNGUS	840306	901129	NA
	ADT	901130	910519	Honorable
	ARNGUS	910520	940503	NA

PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 1 September 1988, the Commander, Recruiting and Retention, Headquarters, Louisiana Army National Guard (LAARNG), notified the applicant of his recommendation to involuntary separate the applicant from the Active/ Guard Reserve (AGR) Program, by reason of substandard duty performance.  On 15 September 1998, the applicant submitted a statement in his own behalf.  On 16 October 1998, the applicant received notification that the Adjutant General (AG), LAARNG, approved his command’s request for an involuntary separation from the AGR Program, effective 6 January 1999.  The record does not contain any further documentation specific to his release from active duty.  The record does contain a Form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was released from active duty under the provisions of Chapter 13, AR 635-200 by reason of unsatisfactory performance, with a characterization of service of honorable.

	b.  On 6 January 1999, the applicant was released from active duty.  At the time of release, the applicant had completed 4 years, 8 months, and 3 days of active military service in the period under review.

	c.  On 11 July 2000, the AG, LAARNG, indicated in a letter to Representative Jim McCrery (LA), that the LAARNG, counseled the applicant prior to his release, offered him other positions within the LAARNG, and had made numerous attempts to contact him since his release from the AGR Program to offer him another position.  The applicant failed to respond to these attempts, and the LAARNG had no choice but to discharge him.  In a 14 September 2000 letter to Representative McCrery, the AG, indicated that through an administrative error the applicant was discharged from the National Guard as a traditional soldier.  However, unless otherwise found unqualified for reentry, the applicant could be transitioned back to a unit in his geographic area to complete his military service as a traditional guardsman.  There is no evidence to indicate whether the applicant has accepted another position within the LAARNG.    

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-178 sets forth the basic authority for the separation of Army National Guard soldiers on full-time National Guard Duty (FTNGD) under Title 32, US Code.  

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 010514, with eighteen (18)enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE
	C-1:  DD Form 149, dated 010419.

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 10 October 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 regulatory authority for release from active duty
                           was improper.

	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.

        (2)  The issue is accepted.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  The Board determined that the authority used to release the applicant from active duty was improper.  The applicant should have been released under the provisions of AR 135-178.  Accordingly, the Board will correct the applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect that he was released from active duty under the provisions of AR 135-178, Chapter 4, Paragraph 4-4, by reason of Secretarial Authority.  

        (1)  The issue is rejected.  The Board determined that the contentions raised by the applicant in this issue, beyond that addressed by issue (2) above, do not fall within the purview of the Army Discharge Review Board and should be addressed by the Army Board for Correction of Military Records (ABCMR).  The Board noted that the applicant has submitted an application to the ABCMR and his records will be forwarded to that Board for further adjudication. 

	b.  Equity:	The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge.  The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.

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:

	(   )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	( X )	Improper as to reason.  Change reason to Secretarial Authority under Chapter 4, AR 135-178.

	( 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       5         0  
    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

TO: ARBA Support Division-St Louis      Date:  12 October 2001        

     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 directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

           ( X )	Change reason and authority for discharge to
       	Secretarial Authority, Chapter 4, AR 135-178.

SECTION B - CERTIFICATION

Approval Authority:

GERARD W. SCHWARTZ
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:  2001056302                    INDEX NUMBERS:  A0108
Date of Review:  011010                                   A1200
Character of Service:  HD                                 A9500
Date of Discharge:  990106                                
Authority:  AR 635-200 C13                         
Reason:  A4900                                            
Results of Board Action/                                  
Vote/Affirmation:  MD 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