PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: Under Other Than Honorable Conditions 2. Date of discharge (or REFRAD): 960223 3. Authority for separation: a. Regulation: Chapter 8-26q, NGR 600-200 b. Reason: Misconduct-Unsatisfactory Participant 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: NIF NDSM (2) b. Entry date: 891201 VSM c. Age: 37 Years DOB: 511213 VCMw/V Dev d. Educational level: HS Grad CIB e. Aptitude area score: ASR GT: 109 3. Highest grade achieved: f. Length of Service: E4 6 Year(s) 2 Month(s) 23 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 RA 691031 711029 Honorable USAR 711030 731116 Honorable ARNGUS 731117 751001 Honorable ARNGUS 850926 870515 General USARCG 870516 890403 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 6 February 1996, Commonwealth of Pennsylvania, Department of Military Affairs; The Adjutant General, Annville, Pennsylvania, Orders 025-153 discharged the applicant from the Army National Guard and as a Reserve of The Army, effective 23 February 1996. The record contains a properly constituted NGB Form 22 (Department of The Army and Air Force National Guard Bureau Report of Separation and Record of Service) in the Pennsylvania/AARNGUS and as a reserve of The Army, which was authenticated by the applicant’s signature. His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, paragraph 26g, NGR 600-200 by reason of misconduct-unsatisfactory participant, with a characterization of service of under other than honorable conditions (UOHC). Furthermore, the NGB Form 22 shows a RE Code of 4. The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records. b. On 23 February 1996, the applicant was discharged. At the time of discharge, the applicant had completed 6 years, 2 months, and 23 days of active military service in the period under review and had a total of 13 years, and 10 months of active military service. 2. Legal/Regulatory Basis for Separation Action: National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 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 National Guard and as a reserve of the Army. Paragraph 8-26(g) of that regulation states that individuals can be separated for expiration of term of service enlistment, reenlistment, or period of statutorily obligated service, the soldier will be discharged by the separation authority (paragraph 1-25). The regulation also permitted the characterization of service as honorable, unless an uncharacterized description of service is required by paragraph 1-20a, is required or the soldier has been transferred to the IRR to fulfill a service obligation and given a service characterization of less than honorable upon transfer. 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 020719, with ten (10) 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: ( ) Records review ( X ) Hearing b. Type Held: ( )Records review ( X ) Hearing ( ) Tender Offer c. Review/hearing location and date: Washington, DC on 6 January 2003. d. Appearance by: Applicant ( X ) Yes ( ) No Counsel ( X ) Yes ( ) No e. Applicant testified: ( X ) Yes ( ) No f. Counsel presentation: ( X ) Yes ( ) No g. Witness(es) testified: ( ) Yes ( X ) No 2. Exhibit(s) submitted at hearing: 9 documents. 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 was too harsh. 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 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. (2) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The Board found that the length and quality of the applicant’s service partially mitigated his misconduct. In view of the foregoing, the Board determined that the characterization of service was inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to general, under honorable conditions. The Board determined that the applicant’s misconduct diminished the quality of his service below that meriting a fully honorable discharge. The Board determined that the reason for discharge was proper and equitable and voted not to change it. (1) The issue is rejected. See response to issue (2), above. 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 NG and USAR characterization. Change characterization to General, Under Honorable Conditions. ( ) 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: 10 January 2003. To: Adjutant General, State of Pennsylvania 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 Pennsylvania, with issuance of a new NGB Form 22, as follows: ( X ) Characterization of NG and USAR discharge be changed to General, Under Honorable Conditions. ( X ) Other (see remarks below). Remarks: This action includes a restoration of grade to private/E-2; voiding of PAARNG 025-153 which discharged the applicant from the NG and Reserve of the Army with a UD; and issuing a new order discharging the applicant with a GD. SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: JOHN F. LONG 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: 2002079168 INDEX NUMBERS: A9406 Date of Review: 030106 A9218 Character of Service: UD A0113 Date of Discharge: 960223 Authority: NGR 600-200 C8 Reason: A8400 Results of Board Action/ Vote/Affirmation: GD 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. Mbr      X      X