PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 June 2000                   
	DOCKET NUMBER:   AR1999032524

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his discharge be upgraded from general under honorable conditions to fully honorable.

3.  The applicant states that he finished one 6-year term and signed up for another.  However, family problems prevented him from attending drills.  He believes that because he completed his first term he is due an honorable discharge.

4.  The applicant’s military records show that he enlisted in the Army National Guard of Texas on 7 March 1975 for 6 years.  On 6 March 1981, he completed DA Form 4836, Oath of Extension of Enlistment or Reenlistment and extended his 7 March 1975 enlistment for an additional 6 years.  

5.  Apparently, family problems prevented the applicant from attending scheduled drills. On 17 July 1981, he was notified that his unit initiated discharge action on him with a suggested character of service of “honorable.”  His NGB Form 22, Report of Separation and Record of Service, shows he was discharged on        11 December 1981 with a characterization of service of “general.”

6.  In the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB).  The NGB, in discussions with the State of Texas Military Personnel Office, determined that the applicant would have received an honorable discharge had he been discharged on his original expiration term of service (ETS).  Therefore, they recommended his request be granted citing National Guard Regulation 600-200, paragraph 7-10j as the authority for discharge.

7.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

CONCLUSIONS:

1.  The Board concludes that an injustice occurred in this case.  In accordance with the advisory opinion, the applicant would have received an honorable discharge had he been discharged on his original ETS of 6 March 1981.  It would be appropriate to upgrade his actual discharge of 11 December 1981 to honorable.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant was discharged from the Army National Guard of Texas on 11 December 1981 with an honorable characterization of service under the authority of National Guard Regulation 600-200, paragraph 7-10j.

BOARD VOTE:  

__slp___  __lem___  __aao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032524	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.