PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: General, Under Honorable Conditions 2. Date of discharge (or REFRAD): 940208 3. Authority for separation: a. Regulation: Chapter 8, Paragraph 8-27g, 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: GCMDL a. Period entered for: 1 Year 44 Weeks NDSM b. Entry date: 930611 HSM c. Age: 24 Years DOB: 690317 AFAM d. Educational level: HS Grad AFGCMDL e. Aptitude area score: NCOPDR GT: NIF 3. Highest grade achieved: f. Length of Service: E4 0 Year(s) 7 Month(s) 28 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 USAF 871021 910809 Honorable USAFR 910810 911217 NA ARNGUS 911218 920330 Honorable USARCG 920331 930610 NA PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 15 February 1994, HQ, Iowa National Guard, Office of the Adjutant General, Camp Dodge, 7700 NW Beaver Drive, Johnston, Iowa, Orders 031-160 discharged the applicant from the Army National Guard effective date 8 February 1994. The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, Paragraph 8-27g, NGR 600-200 by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions. b. On 8 February 1994, the applicant was discharged. At the time of discharge, the applicant had completed 7 months, and 28 days of active military service in the period under review and had a total of 6 years, 3 months, and 18 days of active military service. c. Although the specific facts and circumstances concerning the applicant’s discharge are not a matter of record, the record contains evidence that suggest that the applicant was administratively reduced on three separate occasions (i.e., from Specialis/E-4 to Private/E-1) by reason of inefficiency, for being AWOL from several scheduled drills. 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 011205. 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 February 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 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 infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence of record shows that the applicant’s chain of command made several attempts to contact the applicant by mail concerning his being AWOL from several scheduled drills. Additionally, the record shows that prior to being discharged the applicant was administratively reduced in rank from Specialist/E-4 to Private/E-1 due to his failure to attend several scheduled drills. The Board also noted that the applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. The evidence of record shows the applicant, in absentia, was discharged under the provisions of Chapter 8, Paragraph 8-27g, NGR 600-200, by reason of unsatisfactory participation with a general characterization of service. In the absence of evidence to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 2 3 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: 2002066275 INDEX NUMBERS: A9217 Date of Review: 020213 A9411 Character of Service: GD A0113 Date of Discharge: 940208 Authority: NGR 600-200 C8 Reason: A8400 Results of Board Action/ Vote/Affirmation: NC 3-2 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