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): 890612 3. Authority for separation: a. Regulation: Chapter 8, NGR 600-200 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: ASR a. Period entered for: 8 Years b. Entry date: 870224 c. Age: 17 Years DOB: 691219 d. Educational level: HS Grad e. Aptitude area score: GT: 95 3. Highest grade achieved: f. Length of Service: E3 2 Year(s) 3 Month(s) 19 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 870616 871020 Uncharacterized (Concurrent service) PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. The specific facts and circumstances leading to the applicant’s discharge from the Arizona Army National Guard and transfer to the USAR Control Group are not a matter of record. However, the applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). Her NGB Form 22 indicates that she was discharged on 12 June 1989 from ARNGUS under the provisions of Chapter 8, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of honorable and transferred to the USAR Control Group (Annual Training). b. On 12 June 1989, the applicant was discharged. At the time of discharge, the applicant had completed 2 years, 3 months, and 19 days of active military service in the period under review. c. The applicant’s record also contains State of Arizona, Department of Emergency and Military Affairs, Division of Military Affairs (Army), Office of the Adjutant General, Phoenix, Arizona, Orders 158-22, discharging the applicant from the Army National Guard under the provisions Chapter 8, NGR 600-200, and assigned her to USAR Control Group (Annual Training) ARPERCEN, St Louis, MO, effective 12 June 1989 with a characterization of service of general, under honorable conditions. 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 020116, with four (4) 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 13 March 2002. 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 available records for the period of enlistment under review. The specific facts and circumstances pertaining to the applicant’s discharge are not a matter of record. The Board noted the applicant’s contentions; however, said contentions are not supported by the evidence of record and the applicant has provided no independent corroborating evidence in support of her contentions. The applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) reflecting an honorable discharge and an order discharging the applicant from the Arizona Army National Guard with a general discharge and assigning her to the USAR Control Group. Notwithstanding discrepancies in the aforementioned documents, it is the policy of the Board not to downgrade a discharge under review. Accordingly, the Board determined from the evidence available that the applicant was properly discharged under the provisions of Chapter 8, NGR 600-200, by reason of unsatisfactory participation with an Honorable characterization of service. 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                            MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE 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: 2002067598 INDEX NUMBERS: A9411 Date of Review: 020313 A9217 Character of Service: HD A0113 Date of Discharge: 890612 Authority: NGR 600-200 C8 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