MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 February 2003
         DOCKET NUMBER: AR2002075494

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

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Antonio Uribe		Member
Ms. Regan K. Smith		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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

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APPLICANT REQUESTS: In effect, that her discharge characterized as under other than honorable conditions (UOTHC) be upgraded in order to obtain a security clearance for employment purposes.

APPLICANT STATES: In effect, that her UOTHC should be upgraded in order to obtain a security clearance for employment purposes. She attempted to correct the problem with her commander; however, he disregarded her request. As of now, she had not realized the outcome until receipt of several letters. She is currently attending Aviation College and seeking employment.

EVIDENCE OF RECORD: The applicant's military records show she enlisted in the USAR on 11 June 1979 for a period of 6 years. She was ordered to active duty for training (ADT) on 15 June 1979 and was released from ADT on 29 September 1979. She was trained as a carpentry and masonry specialist. She was transferred to the 808^th Engineer Company, Pasadena, Texas, a troop program unit (TPU).

She was promoted to the pay grade of E-4 effective 1 November 1980.

The applicant’s records contain a 5AA Form 73-R (Check List For Unsatisfactory Participation) which shows that the applicant received six Letters of Instructions – Unexcused Absence for being absent on several occasions from scheduled unit training assemblies. This form also indicated that from 18 February 1981 to 17 February 1982, a one-year period, she was scheduled to attend 25 multiple unit training assemblies (MUTA) and had a total of 23 unexcused absences from training.

On 14 October 1981, a board of officers was appointed. On 10 March 1982, the
board of officers met to consider if the applicant should be separated for unsatisfactory participation. The Board noted that the applicant did not attend a least nine or more training assemblies, thereby accumulating nine or more unauthorized absences. It was also noted that the applicant did not respond to the last letter that was returned unclaimed and was boarded in absentia. The board recommended that the applicant be separated under the provisions of Army Regulation 135-178, paragraph 7-45 with transfer to the Individual Ready Reserve (IRR) and that her service be characterized as "under other than honorable conditions."

On 20 April 1982, orders were published reducing the applicant from SP4/E-4 to PFC/E-3 with an effective date of 19 April 1982.





The applicant’s records contain a copy of orders that show she was released from the 808^th Engineer Company, Pasadena, Texas and was assigned to the USAR Control Group (Annual Training) effective 20 April 1982, under the provisions of Army Regulation 140-10, paragraph 2-23a.

On 21 November 1985, orders were published, by the Commander, Army Reserve Personnel Center, reducing the applicant from PFC/E-3 to PV1/E-1 with an effective date of 21 November 1985. She continued to serve in the Control Group until she was discharged under other than honorable conditions on 23 December 1985, under the provisions of Army Regulation 135-178.

Army Regulation 135-91 (Policies and Procedures Governing Satisfactory Participation) prescribes policies, procedures, and responsibilities pertaining to satisfactory completion of the Ready Reserve service obligation and enforcement procedures pertaining thereto for certain personnel of the Reserve Components. Section III pertains to unexcused absence. Paragraph 4-9 pertains to conditions of unexcused absence. It states, in pertinent part, that enlisted members who are obligated by statue or contract will be charged with unsatisfactory participation when without proper authority they: (1) accrue in any 1-year period, a total of nine or more excuse absences from schedules drills; (2) fail to obtain a unit of assignment during a leave of absence; and (3) fail to attend or complete AT. Statutorily or contractually obligated enlisted members who are charged with unsatisfactory participation may be transferred to the IRR.

Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers. Section VI of the regulation governs transfer to the IRR of unsatisfactory participants. Paragraph 2-23a stated that statutorily obligated enlisted members who are credited with less than 24 months of AD/ADT may be transferred to the IRR upon the approved recommendation of a board of officers, with characterization of service, as provided by Army Regulation 135-178, chapter 7.

Chapter 7 of Army Regulation 135-178 establishes the policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, patterns of misconduct, commission of a serious offense, and related charges. Enlisted members are subject to separation when it is determined that the member is unqualified for further military service. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. If warranted by the member's overall record, a characterization of under honorable conditions may be furnished.

Paragraph 7-45 of the same regulation, in effect at that time, stated that all members separated under this section who have not completed their statutory military service obligation would be transferred to the IRR to complete that
obligation.
Army Regulation 140-158 prescribes policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted soldiers
of the US Army Reserve (USAR). Section VII of Chapter 3 pertains to reductions and restoration. Paragraph 3-28d states, in pertinent part, that commanders may reduce members when transferred to the IRR for unsatisfactory participation. Obligors who have completed less than 24 months of active duty (AD)/ADT and transfer is approved under the provisions of Army Regulation 140-10, chapter 2, the separation authority will direct a one grade reduction in the case of those members in pay grade E-2 or higher.

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 evidence shows that the applicant received six Letters of Instructions – Unexcused Absences in a one-year period and had a total of 23 unexcused absences from training. The Board notes that she was required to attend all scheduled unit training assemblies under the provisions of Army Regulation
135-91, which she did not follow.

2. A board of officers met to consider if the applicant should be separated for unsatisfactory participation. The board noted the applicant did not attend at least nine or more training assemblies, thereby accumulating nine or more unauthorized absences. She failed to respond to the last letter that was returned unclaimed and she was boarded in absentia. The board recommended that she be separated and transferred to the IRR with her service characterized as "under other than honorable conditions."

3. The evidence shows that orders were published reducing the applicant from SPC/E-4 to PFC/E-3, prior to her release from her TPU and was assigned to the USAR Control Group (Annual Training).

4. The applicant continued to serve in the Control Group and was reduced to the pay grade of PVT/E-1 effective 21 November 1985. She was discharged under other than honorable conditions on 23 December 1985 for unsatisfactory participation.

5. The Board notes that the applicant is unable to obtain a valid security clearance for employment purposes due to her character of discharge. While the Board is empathetic, it does not upgrade discharges in order for the individual to obtain a valid security clearance.

6. The applicant’s administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors, which would tend to jeopardize her rights.
7. The type of separation directed and the reasons for that separation were appropriate considering all of the facts of the case.

8. In order to justify correction of a military record the applicant must show
to the satisfaction of the Board, or it must otherwise satisfactorily appear, that
the record is in error or unjust. The applicant has failed to submit evidence
that would satisfy this requirement.

9. 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

__sc___ __au____ __rs____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002075494
SUFFIX
RECON
DATE BOARDED	20030211
TYPE OF DISCHARGE	UOTHC
DATE OF DISCHARGE	19851223
DISCHARGE AUTHORITY	AR 140-10
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	360
2.
3.
4.
5.
6.