RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050001885


      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. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 that his general discharge be upgraded to an
honorable discharge.

2.  The applicant states that due to a house fire and loss of equipment he
had to return to Louisiana.  The applicant further states that he tried to
transfer but was unsuccessful and therefore, he was denied pay and
reenlistment.

3.  The applicant provides a copy of Georgia Army National Guard (GAARNG)
Orders Number 141-49, dated 15 July 1988; a copy of NGB Form 22 (Report of
Separation and Record of Service), effective 15 July 1988; and numerous
documents from his enlisted personnel record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 July 1988, the date of his discharge from the GAARNG.
The application submitted in this case is dated 14 January 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records show that the applicant enlisted in the Regular Army on 12
October 1973 and served until he transferred to the United States Army
Reserve (USAR) Control Group on 6 October 1975.  The applicant was assigned
to the USAR Control Group during the period 7 October 1975 through 17
February 1976.

4.  Records further show that the applicant joined the Mississippi Army
National Guard on 28 February 1976 and that he transferred to the Louisiana
Army National Guard on 24 June 1976.

5.  Louisiana Army National Guard Orders Number 161-12, dated 25 August
1987, show the applicant was transferred to the GAARNG effective 29 April
1987.


6.  Records show that a nonjudicial punishment was imposed against the
applicant for being absent without leave (AWOL) from Major Unit Training
Assembly during the period 13 May 1988 through 15 May 1988.  His punishment
consisted of reduction to the grade private first class/pay grade E-3.
Records also show that the a second nonjudicial punishment was imposed
against the applicant for being AWOL from Major Unit Training Assembly
during the period 11 June 1988 through 12 June 1988 and his punishment
consisted of reduction to private/pay grade E-2.

7.  GAARNG Orders Number 141-49, dated 15 July 1988, show the applicant was
discharged from the GAARNG and transferred to the USAR Control Group
(Reinforcement), effective 15 July 1988.

8.  The applicant's NGB Form 22, with the effective date 15 July 1988,
shows the applicant was separated under the provisions of paragraph 8-27g
of National Guard Regulation 600-200 (Enlisted Personnel Management).  This
Form further shows the applicant's service was characterized as "General"
and he was issued a NGB Form 56a (General Discharge from the Federally
Recognized Army National Guard).

9.  National Guard Regulation 600-200 defines a NGB Form 56a as the form
issued to a Soldier who is discharged from the ARNG only and reverts to
control of the Army Reserve; whose discharge from such service is under
honorable conditions; and whose military record is not sufficiently
meritorious to warrant an honorable discharge.

10.  Paragraph 8-27g of National Guard Regulation 600-200, states, in
pertinent part, the reason for the applicant's discharge was unsatisfactory
participation.

11.  Paragraph 2-9 of Army Regulation 135-178 (Enlisted Administrative
Separations) states an honorable characterization is appropriate when the
quality of the Soldier's service generally has met the standards of
acceptable conduct and performance of duty for Army personnel, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.

12.  There is no evidence that the applicant applied to the Army Discharge
Review Board for upgrade of his discharge within its 15-year statute of
limitations





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his general discharge should be upgraded to an
honorable discharge because he was unable to attend the required MUTAs
because of a house fire and because he requested a transfer but was
unsuccessful.

2.  Evidence shows that the applicant was properly and equitably discharged
in accordance with the regulations in effect at the time and that the type
of discharge directed and the reasons for separation were appropriate
considering all of the evidence of record.

3.  The applicant's records clearly show that he successfully transferred
between several states while a member of the ARNG.  There is no evidence in
the available records which show he requested to be transferred due to
inability to attend required MUTAs or that such a request was denied by his
chain of command.  Therefore, there is no basis to grant the relief based
on the applicant's contention that he unsuccessfully requested a transfer.

4. The applicant's record of service shows that nonjudicial punishment was
imposed against him for failing to attend required training.  His quality
of service did not meet the standards of acceptable conduct and performance
of duty for Army personnel.  Therefore, he is not entitled to an honorable
discharge.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 July 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 July 1991.  However, the applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RJW____  __JEV_ __  __RR__  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            _James E. Vick______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001885                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050824                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1988/07/15                              |
|DISCHARGE AUTHORITY     |NGR 600-800 8-27g . . . .               |
|DISCHARGE REASON        |Unsat Participation                     |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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