RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	 

	BOARD DATE:          20 October 2005     
	DOCKET NUMBER:  AR20050001858


	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

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. John Meixell

Chairperson

Mr. James Gunlicks

Member

Ms. Jeanette McCants

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that his general discharge be upgraded to honorable.  He also requests that he be promoted to the rank of staff sergeant/pay grade E-6.

2.  The applicant states, in effect, he received a general discharge from the U.S. Army Reserve (USAR) on 15 December 1967 because he never responded to letters sent to him to join the USAR.  He contends the letters were sent to the wrong address.  He also states, in effect, that he was promoted only once to sergeant/pay grade E-5 and that he was not promoted along with his peers during his USAR career from 1979 to 2002.

3.  The applicant provides a document from a Voter's Registration Board; USAR orders, dated 15 December 1967; USAR reassignment orders, dated 4 August 1999; and a citation.

CONSIDERATION OF EVIDENCE: 

1.  The applicant was born on 29 December 1942.  He was inducted on 14 May 1964.  He served as a general supply specialist and was released from active duty on 7 May 1966.  On 15 December 1967, the applicant was discharged from the USAR with a general discharge under the provisions of Army Regulation  135-178, paragraph 28a(1)(b), for failure to furnish current address. 

2.  Item 18 (Terminal Date or Reserve Obligation) on his DD Form 214 (Report of Transfer or Discharge) shows the entry 13 April 1970.  

3.  The applicant enlisted in the USAR on 16 April 1979.  He was promoted to sergeant/pay grade E-5 effective 4 January 1982.  He was ordered to active duty on four separate occasions.  On 29 December 2002, the applicant was retired and placed on the retired list in the retired grade of sergeant.

4.  There is no evidence in the applicant's service personnel records which show he was recommended for or promoted to staff sergeant/pay grade E-6 in the USAR prior to being placed on the retired list.

5.  In support of his claim for a discharge upgrade, the applicant provided a document from the Voter's Registration Board which shows two different addresses.

6.  In support of his claim for a promotion to staff sergeant/pay grade E-6, he provided reassignment orders, dated 4 August 1999, which shows he was a sergeant assigned to a staff sergeant, supply sergeant position.

7.  Army Regulation 135-178 (Separation of Enlisted Personnel), in effect at the time, provided for the separation of enlisted personnel of the Army Reserve and Army National Guard.  Paragraph 28a(1)(b) of this regulation provided that an obligated reservist might be discharged when enforcement procedures could not be applied because enlisted member failed to furnish an address through which he might be reached and efforts to locate him had been unsuccessful.  The characterization of the discharge certificate to be furnished would be based solely upon the enlisted member's behavior and performance of duty, during his current period of service, when he was actively participating in or under an obligation to participate in Reserve activities, and the behavior related directly to his Reserve status.

8.  Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits 
provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

9.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), in effect at the time, prescribed policies and procedures pertaining to the identification, classification, reclassification, promotion, and reduction of enlisted members of the USAR who were not on active duty.  The regulation stated, in pertinent part, that to be eligible for consideration for promotion the individual must be recommended by appropriate commanders.

DISCUSSION AND CONCLUSIONS:

1.  Following his release from active duty on 7 May 1966, evidence of record shows the applicant had a Reserve obligation date of 13 April 1970.  Although he contends that the USAR letters were sent to the wrong address, it must be presumed that the applicant’s discharge under the provisions of Army Regulation 135-178, paragraph 28a(1)(b), was administratively correct and in conformance with applicable regulations and that his characterization of service was based solely upon his behavior and performance of duty at that time.  Therefore, there is no basis for granting his request for an honorable discharge.  

2.  The reassignment orders provided by the applicant are not promotion orders.  These orders merely show he was a sergeant assigned to a position in the grade of staff sergeant/pay grade E-6.  There is no evidence of record which shows the applicant was recommended for promotion to staff sergeant/pay grade E-6.  Therefore, there is no basis for granting the applicant's request for a promotion to staff sergeant/pay grade E-6.    

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

JM_____  JG______  JM______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



		_____John Meixell_____
		        CHAIRPERSON





INDEX

CASE ID
AR20050001858
SUFFIX

RECON

DATE BOARDED
20051020
TYPE OF DISCHARGE
GD
DATE OF DISCHARGE
19671215
DISCHARGE AUTHORITY
AR 135-178, paragraph 28a(1)(b)
DISCHARGE REASON
Failure to furnish current address
BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
144.0000
2.
131.0000
3.

4.

5.

6.