RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20050016428


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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.  He also requests that the narrative reason for
discharge be changed.

2.  The applicant states he received an honorable discharge from the Army
Reserve and he thought this discharge would negate the less than honorable
discharge from the Army National Guard.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the period ending 18 March 1980;
a portion of his DA Form 2-1 (Personnel Qualification Record); a request
for assignment; and his orders awarding his military occupational specialty
(MOS).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 1 October 1983.  The application submitted in this case is
dated 16 November 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 limitations 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.  The applicant enlisted in the Regular Army on 18 May 1972 and was
discharged on 11 December 1974.  He reenlisted on 12 December 1974 and
continued to serve on active duty through two reenlistments.

4.  The applicant was discharged from the Regular Army on 18 March 1980
under the provisions of Army Regulation 635-200, chapter 2 at the
completion of required service with issuance of an honorable discharge.

5.  After a break in service, the applicant enlisted in the Army National
Guard on 21 March 1982.

6.  The applicant's personnel records contain a letter dated 5 April 1982
from the commander of Air Troop, 107th Armored Cavalry, Ohio Army National
Guard, in Greensburg, Ohio.  The letter stated the applicant enlisted in
the Air Troop, 107th Armored Cavalry, Ohio Army National Guard effective 21
March 1982 and that he was required by law to attend all training
assemblies and Annual Training with this unit as indicated in the letter.

7.  By a Letter of Instructions dated 9 July 1982, the applicant was
informed he was absent from the scheduled unit training assembly (UTA) or
multiple unit training assembly (MUTA) on 26 June 1982 and 27 June 1982.
The Letter of Instructions indicated he had accrued 4 unexcused absences
within a one year period.

8.  By a Letter of Instructions dated 23 July 1982, the applicant was
informed he was absent from scheduled UTA or MUTA on 17 July 1982 and 18
July 1982.  The Letter of Instructions indicated he had accrued 8 unexcused
absences within a one year period.

9.  By a Letter of Instructions dated 30 August 1982, the applicant was
informed he was absent from scheduled UTA or MUTA on 21 August 1982 and 22
August 1982 and had accrued 12 unexcused absences within a one year period.


10.  By a Letter of Instructions undated, the applicant was informed he was
charged with an unexcused absence on 24 June 1983 because of unsatisfactory
performance of assigned duties and had accrued 13 unexcused absences within
a one year period.

11.  On an unknown date, the applicant's unit commander notified him that
he was an unsatisfactory participant because he did not submit a request to
be excused for the periods 26 June 1982 and 27 June 1982; 17 July 1982 and
18 July 1982; 21 August 1982 and 22 August 1982; and 24 June 1983.  His
commander declared him an unsatisfactory participant and recommended that
his case be considered by a board of officers to determine if he should be
separated.  If separation is recommended, he would be transferred to the
Individual Ready Reserve (IRR) for the balance of his statutory obligation
at which time he would be discharged, normally under conditions other than
honorable.  There is no record of a board of officers.

12.  On 29 August 1983, the unit commander requested that the applicant be
discharged under the provisions of National Guard Regulation (NGR) 600-200,
paragraph 7-11i.  The unit commander stated that the Notice of
Unsatisfactory Participation was not mailed partially because the applicant
had indicated he might transfer to Troop F, 107th Armored Cavalry and the
notice was mailed after the 13th unexcused absence.

13.  The applicant was discharged from the Army National Guard on 1 October
1983, under the provisions of NGR 600-200, paragraph 7-11i by reason of
continuous and willful absence from military duty.  He was issued a general
under honorable conditions discharge.  On the following date, he was
transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

14.  The applicant was discharged from the Ready Reserve on 2 March 1998
under the provisions of Army Regulation 135-178 with issuance of an
honorable discharge.

15.  Army Regulation 135-91 states, in part, that a Soldier is an
unsatisfactory participant when nine or more unexcused absences from
scheduled inactive duty training occur during a one-year period.  An
unexcused absence from a MUTA occurs when a Soldier fails to attend or
complete the entire period of scheduled duty.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant had missed unit drills
without being excused for the 26 June 1982 and 27 June 1982; 17 July 1982
and 18 July 1982; 21 August 1982 and 22 August 1982; and 24 June 1983.  As
a result, he was declared an unsatisfactory participant.

2.  The applicant was discharged from the Army National Guard on 1 October
1983 for unsatisfactory participation under the provisions of NGR 600-200
with service characterized as general under honorable conditions.

3.  The applicant's contention is noted.  However, his honorable discharge
from the USAR did not affect his discharge from the Army National Guard.

4.  There also is no apparent error, injustice, or inequity on which to
base recharacterization or to change the narrative reason for his discharge
from the Army National Guard.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 September 1986.  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

EA______  MF______  DP______  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.




                                  Eric Andersen_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016428                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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