| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Jennifer L.Prater | Chairperson | |
| Mr. Thomas Lanyi | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: In effect, that he be reinstated in the U. S. Army Reserve (USAR) and that his rank of sergeant (SGT), pay grade E-5, be restored.
APPLICANT STATES: That he never failed a Army Physical Fitness Test (APFT). He was told that his records could not be found so he could not join a unit. His records were found when he was discharged. Correspondence was sent to an address that was not his address. He indicates that his address shown on his enlistment contract was on Delridge Way.
EVIDENCE OF RECORD: The applicant's military records show:
That he has served in the Regular Army from 30 November 1982 through 12 July 1991, and had served in a USAR Troop Program Unit (TPU) from 13 July 1991 through 20 April 1993.
On 21 April 1993, the applicant enlisted in the Washington Army National Guard (WAARNG), 164th Mobile Army Surgical Hospital (MASH) in Tacoma, Washington. He enlisted as a SGT, pay grade E-5, for 6 years. He was assigned as a utilities equipment repairer. His address was listed on Delridge Way. He completed a DD Form 398-2 (National Agency Check) that showed that he lived on 180th Street from July 1992 through April 1993, and he then lived on Delridge Way.
He attended a Multiple Unit Training Assembly (MUTA) on 1-2 May 1993 (4 drill periods) and attended Annual Training (AT) from 12-26 June 1993. There is no record that he attended unit drill in July, August, or September 1993. He did not attend the MUTA on 2-3 October 1993. On 8 October 1993, the unit sent him a memorandum informing him that his absence from drill on 2-3 October 1993
(4 drill periods) was unexcused and that if he accrued 9 unexcused absences in a 12 month period, he would be subject to transfer to the Individual Ready Reserve (IRR). The memorandum was sent to his 180th Street address and returned to the unit undelivered.
He did not attend the MUTA on 6-7 November 1993. On 18 November 1993,
the unit sent him a memorandum informing him that his absence from drill on
6-7 November 1993 (4 drill periods) was unexcused, that he had accrued
8 unexcused absences, and that if he accrued 9 unexcused absences in a
12 month period, he would be subject to transfer to the IRR. The memorandum was sent to his 180th Street address and returned to the unit undelivered.
On 18 November 1993, the unit sent him a memorandum at this 180th Street address informing him of the commander’s intent to reduce him in rank and pay grade under authority of National Guard Regulation 600-200, paragraph 6-44a, inefficiency due to unexcused absences (unsatisfactory participation). He was given 20 days to provide rebuttal.
He did not attend the MUTA on 4-5 December 1993. On 6 December 1993,
the unit sent him a memorandum informing him that his absence from drill on
4-5 December 1993 (3 drill periods) was unexcused, that he had accrued
11 unexcused absences, and that if he accrued 9 unexcused absences in a
12 month period, he would be subject to transfer to the IRR. The memorandum was sent to his 180th Street address and returned to the unit undelivered.
On 10 December 1993, an Noncommissioned Officer Evaluation Report (NCOER) was completed on the applicant. He received success marks except in competence where he received a “Needs Improvement” with the remark, “failed SQT (Skill Qualification Test) with a score of 39.” It shows he last passed the APFT in January 1991. The NCOER shows that the applicant was unavailable for signature.
On 21 December 1993, the applicant was reduced to specialist (SPC), pay grade E-4, by Headquarters, 164th MASH orders 23-1, for unsatisfactory participation.
On 1 February 1994, the applicant was discharged as a SPC from the WAARNG and transferred to the USAR Control Group (Reinforcement) to complete his
5 years, 2 months, and 19 days enlistment. The National Guard Bureau Form 22 states, “Individual was discharged without personal notice due to location unknown. NGB Form 22, NGB Form 56a, and state orders were mailed by First Class Mail to the soldier at last known address as shown in item #19. …
180th Street…” The discharge character of service was under honorable conditions. The authority and reason for discharge was NGR 600-200, paragraph 9-27g, unsatisfactory participant.
He was discharged from the USAR on 20 April 1999.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant was properly reduced and discharged for unsatisfactory participation due to at least 11 unexcused absences as shown by the record. The applicant did not attend drill or training at his unit from July 1993 through his
discharge in February 1994. Although the correspondence and separation documents were sent to his former address, there is no evidence that he made an effort to attend drill or request excuses from drill, at which time the issue of his mailing address could have been corrected. There is no evidence that the applicant requested assignment to a TPU while in the IRR from February 1994, to his discharge from the IRR on 20 April 1999.
2. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__jp____ ___tl____ ___be_____ DENY APPLICATION
| CASE ID | AR2002066655 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020521 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19940201 |
| DISCHARGE AUTHORITY | NGB Reg 600-200, para 9-27g |
| DISCHARGE REASON | Unsatisfactory Participant |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110 – Discharge Document |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080018793
The applicant requests, in effect, that his NGB Form 22 (Report of Separation and Record of Service) be corrected to show that he received an honorable discharge instead of a general discharge and the authority and reason for his discharge be corrected. His NGB Form 22, item 23, lists the authority and reason for his separation as National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-27g, Unsatisfactory Participant. The evidence of record shows that on 25 October...
ARMY | BCMR | CY2012 | 20120017950
The applicant requests correction of his record to show he was medically retired. On 6 May 1990, the applicant's unit commander informed him he was initiating action to separate the applicant from the ALARNG and as a reserve of the Army under the provisions of Army Regulation 135-178 (ARNG and Army Reserve - Enlisted Administrative Separations). The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the...
ARMY | BCMR | CY2002 | 2002082577C070215
APPLICANT STATES : On his DA Form 1559-R (Inspector General Action Request), dated 25 August 2001, that he did not accrue 9 unexcused absences prior to being transferred to the IRR as an unsatisfactory participant. By endorsement dated 13 August 1998, the applicant informed the Commander, HHC, 7th ARCOM that Army Regulation 135-91 allowed for excused absences when circumstances beyond the soldier's control caused the absence. Army Regulation 135-91 states that general officer commanders...
ARMY | BCMR | CY2011 | 20110016019
He completed 1 year, 1 month, and 1 day of creditable active service and accrued 9 days of lost time due to AWOL. On 7 December 2008, his immediate commander notified him by memorandum that he was charged with four unexcused absences from the MUTA from 6 to 7 December 2008. The applicant provides: a. his DFAS LES, dated 1 February 2010, that shows his ETS date as 23 February 2012, branch as USAR, an SGLI debt balance of $142.10 for the period December 2008 through March 2009, and a...
ARMY | BCMR | CY2010 | 20100017535
The applicant requests upgrade of his general discharge to an honorable discharge. There is no evidence he applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge within that board's 15-year statute of limitations. The type of discharge directed and the reasons for separation were appropriate considering all of the evidence of record.
ARMY | BCMR | CY2001 | 2001060807C070421
On 17 January 1991, the 3/200 ADA battalion commander sent to the applicant at his Loveland, Colorado, address, a AGONM Form 20-12-11B.2 (Record of Special Proceeding of Non-Judicial Punishment – Absence from Unit Training Assembly, Drill, or Annual Training), notifying the applicant of the commander’s intent to impose an Article 15, Uniform Code of Military Justice (UCMJ), punishment of reduction in grade as a result of his 16 unexcused absences from unit drill from September through...
ARMY | BCMR | CY2013 | 20130005634
Evidence of record shows that prior to his deployment to Iraq he relocated to New York. The applicant has not provided evidence that shows he requested transfer to the IRR due to his relocation to Georgia. There is no evidence of error in his record of unexcused absences.
ARMY | BCMR | CY2006 | 20060002123C070205
He requested the applicant be separated with a general discharge. The applicant was separated from the CTARNG, in pay grade E-2, on 4 December 1985, under the provisions of National Guard Regulation (NGR) 600-200, Paragraph 7-10r and Chapter 4, Section III, Army Regulation 135- 91, Unsatisfactory Participation, with more than 9 absences without leave (AWOL). The applicant's service at the time of his discharge from the CTARNG was characterized as general.
ARMY | BCMR | CY2014 | 20140016414
Army Regulation 135-91 (ARNG and USAR Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), states a Soldier is an unsatisfactory participant when 9 or more unexcused absences from scheduled inactive duty training occur during a 1-year period. Army Regulation 135-178, in effect at the time, provided for the separation of enlisted personnel of the USAR and ARNG. The applicant's record shows she was discharged by reason of continued absence...
ARMY | BCMR | CY2013 | 20130019757
The applicant provides: * DD Form 261 (Report of Investigation Line of Duty and Misconduct Status), dated 15 July 1990 * Orders Number 162-046, dated 11 June 1999 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Army National Guard (ARNG) Current Annual Statement/ Points Statement Supplemental Detailed Report/Current Annual Statement, dated 20 July 1999 * ARNG Retirement Points History Statement Application for Retirement Pay, dated 24 October...