IN THE CASE OF:	  

	BOARD DATE:	  3 June 2008

	DOCKET NUMBER:  AR20080005581 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an upgrade of his discharge.

2.  The applicant states that he enlisted in the Illinois Army National Guard (ILARNG) in 1980 and served proudly until he started having domestic problems that impacted his life and work performance.  He also adds that he discussed his issues with his chain of command and was advised to quit coming to monthly drills and was subsequently discharged.  He concludes that he felt bad about not completing his service and appeals to this Board to upgrade his discharge.   

3.  The applicant provided the following additional documentary evidence in support of his application: 

	a.  Letter of Commendation, dated 29 October 1980, from the ILARNG Adjutant General; 

	b.  Letter of Commendation, dated 15 October 1980, from the applicant’s former battalion commander;

	c.  Certificate of Achievement, dated 15 October 1980. 

	d.  Three character reference letters, from the applicant’s pastor, the applicant's father, and the applicant's friend. 



CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the ILARNG for a period of 3 years on 23 May 1980.  He was subsequently ordered to active duty for training (ADT) for a period of 12 weeks and entered active duty on 18 July 1980.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Cannon Crewman).  

3.  He was honorably relieved from ADT for completion of required service on 17 October 1980, reverted back to his ARNG status, and was assigned to B Battery, 2nd Battalion, 123rd Field Artillery, Macomb, Illinois.

4.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time of his separation shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Grenade Bar.

5.  The applicant’s records further shows that he was promoted to specialist four (SP4) on 6 March 1982 and to sergeant (SGT) on 1 May 1983.  Furthermore, he executed a 6-year extension in the ILARNG on 13 May 1983, under the Retention Bonus and Loan Repayment Programs.  

6.  The applicant's records show that he had an extensive record of unexcused absence from his scheduled unit training assembly (UTA) or multiple unit training assembly (MUTA).  The applicant's records further show that he was notified in writing of his unexcused absence and that each notification letter advised him that if he accumulated nine unexcused absences within a one year period, he could be declared an unsatisfactory participant and transferred to the Individual Ready Reserve (IRR) for the balance of his service obligation.  The records show that he acknowledged receipt of the notification letters. 

7.  On 5 November 1984, by letter, the applicant’s immediate commander notified him that he was charged with 12 unexcused absences within a one year period and that he could be declared an unsatisfactory participant and subject to separation for misconduct under the provisions of chapter 7 of Army Regulation 135-178 (Separation of Enlisted Personnel).

8.  The facts and circumstances of the applicant’s discharge are not available for review with this case.  However, on 28 January 1985, Headquarters, 2nd Battalion, 123rd Field Artillery, ILARNG, Rock Island, Illinois, published Orders  3-1, reducing the applicant from SGT to private (PV2), for misconduct, under the authority of paragraph 6-32 of National Guard Regulation 600-200.  

9.  On 21 February 1985, the State of Illinois Military and Naval Department, Camp Lincoln, Springfield, Illinois, published Orders 36-3, relieving the applicant from his ARNG unit of assignment for being an unsatisfactory participant, and assigning him to the USAR Control Group (Individual Ready Reserve), effective 20 February 1985, under honorable conditions.

10.  The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) he was issued at the time shows he was discharged on 20 February 1985 under honorable conditions by reason of unsatisfactory participation.

11.  The applicant submitted three character reference letters that speak of his integrity, work ethics, honesty, and high levels of reliability and responsibility. 

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

13.  Army Regulation 135-178 sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons.  Chapter 7 of the regulation in effect at the time governed separation for misconduct.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record.  An honorable characterization of service is not authorized for a member who has completed entry level status unless the member's record is otherwise so meritorious that any other characterization would clearly be inappropriate.


14.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment,
Participation Requirements, and Enforcement Procedures) governs service obligations of members of the Reserve Components.  This regulation states that a member is an unsatisfactory participant when he or she accrues nine or more unexcused absences from scheduled drills during a one year period.

15.  Army Regulation 635-200, paragraph 3-7a, 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and the applicant did not provide convincing evidence, which shows he encountered domestic problems while serving in the Army National Guard.  Furthermore, there is no evidence in the available record and the applicant did not provide substantiating evidence that shows he addressed such issues with his chain of command or the several available Army resources that could have assisted him in resolving those issues.

2.  The applicant was required to attend all scheduled unit training assemblies and annual training periods.  He chose not to.  According to the notification letters and as the applicant was aware, he was advised that if he accumulated nine unexcused absences within one year, he could be declared an unsatisfactory participant and he could be transferred to the IRR for the balance of his obligation.

3.  The evidence of record shows that the applicant was absent from scheduled UTA or MUTA on multiple occasions.  In each instance, he was notified in writing and he acknowledged the notification.  It is presumed that subsequent to his history of unexcused absence, his immediate commander requested his discharge from the ARNG for unsatisfactory participation.  The separation authority approved the request and he was separated on 20 February 1985 and transferred to the USAR Control Group in accordance with regulatory guidance.

4.  Based on his record of indiscipline, particularly his failure to attend unit drills, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct also renders his service unsatisfactory.  

5.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, he is not entitled to an honorable discharge.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


								XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005581



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005581



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1