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ARMY | BCMR | CY2009 | 20090018656
Original file (20090018656.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090018656 


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 reconsideration of the Board's denial of his request for a characterization of service upgrade from under other than honorable conditions to uncharacterized.

2.  The applicant states, in effect, he could not attend his Army Reserve drills because he had been injured while working his civilian job and he was in therapy for 3 months.  He states that at the time of his absences, he became a new father and his wife's grandfather had passed.  Additionally, he states he was a student and worked a second job to pay his family's bills and that life was very stressful.  He also refutes information contained in the Army Discharge Review Board (ADRB) proceeding because his commander did not recommend a discharge characterization of under other than honorable conditions.   His commander recommended him for an uncharacterized discharge because of his personal hardships.  Additionally, he provides new evidence for consideration to include a certification for a mechanic and a letter of acceptance from a Reserve component unit.  He states he has lost many opportunities due to his characterization of service and now wishes to join the Army and honorably serve on active duty.  

3.  The applicant provides:

	a.  a certificate of completion from a technology college, dated 18 September 2006, for Motorcycle Service Technology;

	b.  a certificate of completion from a technical college, dated 14 September 2001, for Emergency Medical Technician;

	c.  a Georgia Work Ready Certificate, dated 16 February 2009, for Applied Mathematics, Locating Information, and Reading for Information; 

	d.  Army Physical Fitness Test (APFT) Scorecard, dated 19 November 2008, showing he passed his APFT and met Army height and weight standards;

	e.  a Certificate of Appreciation from the 5th Ranger Training Battalion, dated 7 November 2003;

	f.  a certificate, dated 2 October 2003, showing he was inducted as a member of the Regiment of Psychological Operations, U.S. Army John F. Kennedy Special Warfare Center and School;

	g.  a DA Form 1059 (Service School Academic Evaluation Report) showing he achieved course standards on 29 January 2004 for the Army Combat Lifesaver Course;

	h.  a letter of acceptance dated 21 November 2008, showing the applicant was accepted into a position on the unit manning document for the 92nd Chemical Battalion, U.S. Army Reserve; and

	i.  a self-authored letter and six letters of recommendation. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090001711, dated 25 August 2009.

2.  The applicant's personal letter and aforementioned certificates and letters of recommendation are new evidence that requires reconsideration of his case.

3.  The applicant enlisted in the U.S. Army Reserve on 2 April 2003 for a unit vacancy in the 2nd Psychological Operations Group located at Fort Gillem, GA.  During his first year of service he completed the training requirements and he was awarded military occupational specialty 37F (Psychological Operations Specialist).  

4.  The applicant's records that are maintained in the interactive Personnel Electronic Records Management System (iPERMS) show that he received 33 inactive duty points, 15 membership points, and 25 active duty points for a total of 73 points, which qualified the year for nonregular retirement.  For his retirement year from 3 April 2005 to 2 April 2006, the applicant received only 4 inactive duty points, 15 membership points, and no active duty points and did not meet the minimum 50 points to earn one year of qualifying service for nonregular retirement.

5.  The applicant's record is void of the specific facts and circumstances concerning the events that led to his discharge from the USAR.

6.  The original Record of Proceedings indicated that the applicant provided a Commander's Report for Separation, dated 21 August 2005, which shows his commander recommended that he be separated from the USAR due to unsatisfactory participation and failure to respond to official correspondence with uncharacterized service.  

7.  The applicant provides three certificates of completion showing he successfully met standards for certification in Motorcycle Service Technology, Emergency Medical Technician, and the Georgia Work Ready Certificate for Applied Mathematics, Locating Information, and Reading for Information.  Additionally, he provides military certificates of appreciation from two units showing he was inducted into the Psychological Operations regiment and he met acceptable standards of performance in the 5th Ranger Training Battalion.  

8.  By memorandum, the applicant states that his commander did not recommend a separation characterization of under other than honorable conditions.  He states his commander specifically recommended the applicant's discharge from the Army Reserve with uncharacterized.  He states, in effect, that the Board overlooked this fact and, therefore, that it did not properly review his initial application.  

9.  The applicant also provides six letters of recommendation from friends, supervisors, and instructors.  These letters state the applicant is talented, motivated, and knowledgeable with a strong work ethic.  Additionally, he is an effective communicator with a great attitude who enjoys the challenges of studying and working. 

10.  Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) governs procedures for separating enlisted Soldiers 


of the U.S. Army Reserve and Army National Guard.  At separation, a Soldier's characterization of service can be Honorable, General (under honorable conditions), Under Other Than Honorable Conditions, or uncharacterized.  An uncharacterized description of service is appropriate when separated in an entry-level status, by order of release from custody and control of the Army due to a void enlistment, or by being dropped from the rolls of the Army.  The characterization of service must accurately reflect the nature of the service performed and can determine eligibility for Veterans' benefits provided by law, eligibility for reentry into military service, and acceptability for employment in the civilian community.  The reasons for separation, including the specific circumstances that form the basis for separation, shall be considered when determining a Soldier's separation characterization.  As a general matter, characterization will be based on a pattern of behavior rather than an isolated event.  However, when appropriate, a single incident can provide the sole basis for separation.  The governing factor should be the Soldier's pattern of behavior when determining the characterization of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he had multiple hardships to include a personal injury that prevented him from attending his Army Reserve drills.  Additionally, he contends, in effect, that the ADRB erroneously stated that his commander recommended that he receive an under other than honorable conditions characterization of service.  

2.  The applicant's original Record of Proceedings stated that the applicant's commander recommended separation due to unsatisfactory participation and failure to respond to official correspondence.  Further, the commander recommended that the applicant be separated with uncharacterized service.  As such, the ABCMR was provided the proper information when his request was denied.

3.  In addition, the applicant was not eligible for his service to be uncharacterized because he did not meet the criteria, that is, he was not in an entry-level status.  He was properly discharged from the Army Reserve under the provisions Army Regulation 135-178, due to unsatisfactory participation with an under other than honorable conditions characterization of service. 



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 to amend the decision of the ABCMR set forth in Docket Number AR20090001711, dated 25 August 2009.




      _______ _ 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.

ABCMR Record of Proceedings (cont)                                         AR20090018656



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ABCMR Record of Proceedings (cont)                                         AR20090018656



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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