IN THE CASE OF:
BOARD DATE: 21 MAY 2009
DOCKET NUMBER: AR20090001815
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, in effect, that his under other than honorable conditions (UOTHC) discharge that was issued by the Army National Guard be upgraded to an honorable discharge.
2. The applicant states that the particulars surrounding his discharge did not merit less than honorable conditions.
3. The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 15 December 2008 in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 21 May 1974 and was released from active duty on 12 May 1977. On the following date, he transferred to the U.S. Army Reserve Control Group (Reinforcement). He continued to serve in the Army Reserve through reenlistments.
3. The applicant enlisted in the Oregon Army National Guard on 7 June 1986.
4. The applicants discharge notification packet is not available. Headquarters, Oregon National Guard, Orders 124-26, dated 28 June 1995, discharged him from the Army National Guard and as a Reserve of the Army on 1 February 1995 under the provisions of National Guard Regulation 600-200, paragraph 8-27g based on unsatisfactory participation with an UOTHC discharge. He had completed 8 years, 7 months, and 25 days net service this period and 2 years, 11 months, and 21 days prior Reserve component service.
5. National Guard Regulation 600-200, paragraph 8-27g states Soldiers are discharged from the State Army National Guard when a Soldier is determined to be an unsatisfactory participant per Army Regulation 135-91, chapter 4. Commanders may recommend retention of Soldiers who have accrued 9 absences within one year period. This regulation does not provide characterization of service appropriate for Soldiers separated because of unsatisfactory participation but refers to Army Regulation 135-178.
6. Army Regulation 135-178 (Separation of Enlisted Personnel) provides, in pertinent part, for the discharge or transfer to the U. S. Army Reserve Control Group (Annual Training) of statutorily obligated enlisted members who failed to participate satisfactorily in unit training as required. The regulation applied[s] to enlisted Soldiers of the Army National Guard of the United States and the U. S. Army Reserve. In pertinent part, it states that the honorable characterization of service is appropriate when the quality of the Soldiers service generally met the standards of acceptable conduct and performance of duty for military personnel, or was otherwise so meritorious that any other characterization would be clearly inappropriate. A general discharge is warranted when significant negative aspects of the Soldier's conduct or performance outweigh positive aspects of the Soldier's military record.
7. Army Regulation 135-91 (Service Obligations, Methods, Participation Requirements, and Enforcement Procedures) 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 annual training occurs when Soldiers fail to attend or complete the entire period of active duty. This applies to a Soldier of a unit or U.S. Army Reserve Control Group.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the particulars surrounding his discharge did not merit less than honorable conditions. However, there is no evidence of record which substantiates his claim.
2. The applicant was discharged from the Army National Guard on 1 February 1995 for unsatisfactory participation with an UOTHC discharge.
3. In the absence of evidence to the contrary, it is presumed that the applicant's discharge notification packet and subsequent discharge from the Army National Guard was administratively correct and in conformance with applicable regulations.
4. It appears the applicants Army National Guard chain of command determined that his overall military service did not meet the standards for an honorable discharge and appropriately characterized his service as UOTHC.
5. There is no apparent error, injustice, or inequity on which to base recharacterization of the applicants Army National Guard UOTHC discharge to honorable.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ 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) AR20090001815
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090001815
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017535
The applicant requests upgrade of his general discharge to an honorable discharge. There is no evidence he applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge within that board's 15-year statute of limitations. The type of discharge directed and the reasons for separation were appropriate considering all of the evidence of record.
ARMY | BCMR | CY2013 | 20130004628
The applicant requests his general discharge from the Washington Army National Guard be upgraded to honorable. c. his failure to carry out the remaining time of duty for which he received a general discharge was due to the significant lack of training that occurred within his unit. _______ _ X_______ ___ 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.
ARMY | BCMR | CY2014 | 20140009131
Application for correction of military records (with supporting documents provided, if any). His records are void of and he failed to provide any evidence showing: * he was found unfit for active duty or retention due to a medical condition * he was referred to a medical evaluation board (MEB) * he was processed through the Army Physical Disability Evaluation System (PDES) 8. Although his complete military medical records are not available, his records are void of any evidence and he...
ARMY | BCMR | CY2006 | 20060010944
On 15 January 1981, the applicant was discharged under other than honorable conditions from the Army National Guard under the provisions of Army Regulation 135-178, chapter 7, for unsatisfactory participation. Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Therefore, there is no basis for granting his request for an honorable discharge or a general discharge.
ARMY | BCMR | CY2008 | 20080012325
There is no documentation on file in the record to show the applicant submitted a hardship discharge packet in response to this discussion with his unit commander or that he pursued some other resolution of his problems through his chain of command. On 30 August 1996, the applicant's unit commander requested the applicant be separated from the NCARNG under the provisions of Army Regulation 131-91, as an unsatisfactory participant, and recommended the applicant receive a GD. Paragraph 8-27g...
ARMY | BCMR | CY2008 | 20080017027
The applicant requests that his general discharge from the Indiana Army National Guard be upgraded to honorable. On 24 July 1987, a request for discharge and involuntary transfer to the USAR Control Group (IRR) for unsatisfactory participation was initiated. Evidence of record shows the applicant was discharged under honorable conditions (a general discharge) from the Indiana Army National Guard for accruing 9 unexcused absences from scheduled drills within a 1-year period.
ARMY | BCMR | CY2006 | 20060010840
He also requests, in effect, correction of his records to show he completed 20 years of qualifying service for retired pay at age 60. National Guard Regulation 600-200, paragraph 8-27g states Soldiers are discharged from the State Army National Guard when a Soldier is determined to be an unsatisfactory participant per Army Regulation 135-91, chapter 4. The applicant was discharged from the Army National Guard on 1 June 1992 for unsatisfactory participation with a general discharge.
ARMY | BCMR | CY2014 | 20140020048
On 26 January 1988, the OKARNG published Orders 19-14 discharging the applicant from the OKARNG with an under honorable conditions discharge, effective 8 February 1988 and transferring him to the USAR Control Group (IRR), in accordance with paragraph 8-27g of NGR 600-200. On 5 August 1989, Headquarters, 1st Battalion, 377th Infantry Regiment, published Orders 08-01 reducing the applicant from SP4/E-4 to private first class (PFC)/E-3 effective 5 August 1989 in accordance with Army Regulation...
ARMY | BCMR | CY2005 | 20050005555C070206
Paragraph 2 informed him that under the provisions of Army Regulation 135-91, he was required to attend all scheduled unit training assemblies and annual training periods. On 14 January 1983, the applicant was discharged from the Army National Guard with a general discharge under the provisions of Army Regulation 135- 178 for unsatisfactory participation. Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and...
ARMY | BCMR | CY2009 | 20090011555
The applicant requests, in two separate applications, correction of his records to show that he was honorably discharged from the New Jersey Army National Guard (NJARNG) on 28 June 1990 based on his record of service. On 28 June 1990, the applicant was discharged under honorable conditions (general) under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-27g, for unsatisfactory participation. The applicant contends that his records should be...