IN THE CASE OF:
BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090021108
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 her discharge from the U.S. Army Reserve (USAR) from a general discharge to an honorable discharge.
2. The applicant states, in effect, that although she is too old to enlist, she desires to change the characterization of her discharge. She is currently a member of a nonprofit organization that would like a copy of her discharge and she does not want to have to provide them a general discharge.
3. The applicant provides
* a DD Form 214 (Report of Separation from Active Duty
* a DD Form 257A (U.S. Army General Discharge Certificate)
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's record shows she enlisted in the USAR on 27 February 1975.
Her attendance of Initial Active Duty for Training was terminated due to the fact she was under age 18. She was assigned to the 346th Military Police Company based in Hutchinson, KS. She was rescheduled to attend initial entry training on two subsequent occasions; each time she cancelled due to reasons of a temporary nature. As a result, she never completed initial entry training and she was not awarded a military occupational specialty.
3. On 28 March 1977, the applicant's company commander recommended she be discharged from the USAR under the provisions of Army Regulation 135-178 (Army National Guard and Army Reserve - Separation of Enlisted Personnel), paragraph 3-6, by reason of continued absence from drills and her written refusal to attend future drills.
4. Headquarters, Sixth U.S. Army, Presidio of San Francisco, CA, Orders
048-365, dated 25 April 1978, show the applicant was discharged from the USAR under the provisions of Army Regulation 135-178, paragraph 3-6a, effective 25 February 1978. The type of discharge specified was "General" with DD Form 257A [General Discharge Certificate] authorized.
5. 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 and USAR enlisted Soldiers for a variety of reasons to include unsatisfactory participation in drills.
6. Army Regulation 135-178 states, in pertinent part, that the honorable characterization of service is appropriate when the quality of the Soldiers service generally meets the standards of acceptable conduct and performance of duty for military personnel, or is 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her general discharge from the USAR should be upgraded to an honorable discharge.
2. The applicants record shows she was discharged by reason of continued absence from drills with a general discharge.
3. As a member of the USAR, the applicant was required to attend all scheduled unit training assemblies, multiple unit training assemblies, and annual training periods. Evidence shows she did not do so. In the absence of evidence to the contrary, it is presumed that she received notification letters from her immediate commander.
4. Based on her failure to attend unit drills, the applicant's service appears not to have met the standards of acceptable conduct and performance of duty for USAR personnel. This misconduct also renders her service as unsatisfactory. Therefore, there is insufficient evidence to upgrade her discharge.
5. The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.
Additionally, 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 any evidence that would satisfy this requirement.
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.
__________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) AR20090021108
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ABCMR Record of Proceedings (cont) AR20090021108
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