IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100028221
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 his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable or general discharge.
2. The applicant states he never had any negative infractions; he never received notification that he was being discharged; and he had to be notified of the proposed discharge if he was going to be given anything other than an honorable or general discharge.
3. He continues that since he was never given any documents which would show he was being discharged, it is hard to appeal his case. However, he was a good Soldier, took on additional responsibilities, and received recognition for his exemplary service.
4. He adds he had problems with paperwork in the Army all through his military career, which led to delays in his promotions. This was due to him being moved to six different units after his unit's decommission.
5. He quotes an excerpt of an Army Regulation which states that a Soldier must be given an honorable or general discharge.
6. The applicant provides documents which he lists in his request.
CONSIDERATION OF EVIDENCE:
1. He enlisted in the U.S. Army Reserve (USAR) on 19 January 2001 for 8 years.
2. His retirement point summary shows that he earned sufficient retirement points to establish qualifying years of service for retired pay purposes (50 points) for Retirement Year Ending (RYE) 19 January 2002, 19 January 2003, and 19 January 2004. However, he only earned 31 retirement points for RYE 19 January 2005; 39 retirement points for RYE 19 January 2006; 15 retirement points for RYE 19 January 2007; and 14 points for RYE 28 December 2007. He had not attended a weekend drill since 16 October 2005.
3. He was discharged UOTHC on 28 December 2007. The Integrated Personnel Electronic Records Management (iPERMS) shows this discharge was for misconduct.
4. Army Regulation 135178 (Army National Guard and Army Reserve Enlisted Administrative Separations), chapter 13, Misconduct, Unsatisfactory Participation in the Ready Reserve, paragraph 131, Basis, states a Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because:
a. The Soldier is an unsatisfactory participant as prescribed by Army Regulation 13591, chapter 4.
b. Attempts to have the Soldier respond or comply with orders or correspondence have resulted in
(1) The Soldiers refusal to comply with orders or correspondence.
(2) A notice sent by certified mail was refused, unclaimed, or otherwise undeliverable.
(3) Verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.
Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities.
5. Army Regulation 135178, paragraph 133, Characterization of service, states that the characterization of service for Soldiers separated for misconduct, unsatisfactory participation, normally will be UOTHC, but characterization as general (under honorable conditions) may be warranted.
6. Army Regulation 13591 (Army National Guard and Army Reserve Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), states Soldiers will be charged with unsatisfactory participation when without proper authority they accrue in any one-year period a total of nine or more unexcused absences from scheduled inactive duty training.
7. On 11 August 2010 the Army Discharge Review Board denied the applicant's request for upgrade using a presumption of regularity, that what the Army did was correct.
DISCUSSION AND CONCLUSIONS:
1. The only record contained in the applicant's record pertaining to his discharge is his discharge order which shows he was discharged UOTHC.
2. However, iPERMS shows his discharge was for misconduct. iPERMS also shows the applicant did not attend any drills for over 2 years prior to his discharge.
3. While the reason for the applicant's separation cannot be determined with any certainty, it would appear that it was for unsatisfactory participation since he was not attending drills. Such a separation would warrant a UOTHC discharge.
4. As such, there is little choice but to also apply a presumption of regularity in assuming that the applicant was properly discharged.
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) AR20100028221
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100028221
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | DRB | CY2014 | AR20140001742
The evidence of record shows that on 5 June 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, for missing at least 9 scheduled IDT within a one year period and failing to provide a valid excuse for his absences, with an under other than honorable conditions discharge. However, at the time of discharge, the applicant received an under other than honorable conditions...
ARMY | DRB | CY2013 | AR20130002460
Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve on 6 September 2002, for a period of 8 years. On 16 November 2007, the approving authority directed that the applicant be separated from the US Army Reserve with an Under Other Than Honorable Conditions Discharge and reduced to PVT/E-1 under the provisions of AR 600-8-19, paragraph 10-1d. The evidence of record shows that the period of service under review indicates the applicant was...
ARMY | BCMR | CY2006 | 20060010116
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The letter indicated the termination had been initiated at the request of the applicants commanding officer because of his voluntary Unsatisfactory Participation (Unauthorized Absences from Inactive Duty Training Assemblies) in the Reserve Components, as required by Army Regulation 135-91. The evidence of record shows the applicant had missed unit drills without being excused from 5 to 6 January 1985 and 19 to 20 January 1985 (4...
ARMY | DRB | CY2013 | AR20130003483
The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general discharge...
ARMY | BCMR | CY2007 | 20070009525
The applicant provided an Air Force Service History that shows he earned 15 retirement points (membership points only) in RYE 12 December 1988. Therefore, the certificate alone is insufficient evidence to show he should be granted active duty points for attendance at airborne training. At this time there is insufficient evidence to show the applicant earned 50 retirement points, or a qualifying year, in RYE 12 December 1990.
ARMY | DRB | CY2013 | AR20130017317
Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 3 March 2013 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, AR 135-178, Chapter 13 e. Unit of assignment: 387 Medical Logistics Company, Miami, FL f. Current Enlistment Date/Term: 24 January 2007/8 years g. Current Enlistment Service: 6 years, 1 month, 9 days h. Total Service: 6 years, 2 months, 11 days i. On 17 December 2012, the commander notified the applicant of the initiation of separation...
ARMY | BCMR | CY2002 | 2002074447C070403
The applicant requests, in effect, correction of his records to show that he was granted 3 additional points toward his qualifying service for early Reserve retirement. Army Regulation 135-180 also states in paragraph 2-3, that a 20-Year Letter will be issued to the Reserve component soldier within 1 year after they complete 20 years of qualifying service for retirement. That upon completion of the administrative action required by Paragraph 1a through 1b, above, that the IAARNG...
ARMY | BCMR | CY2012 | 20120012089
On 16 April 2007, the immediate commander indicated the applicant had missed drills on 3 and 4 February 2007, 9, 10, and 11 March 2007, and 13, 14, and 15 April 2007; and that he (the applicant) was reported in an absent without leave (AWOL) status and had failed to notify the unit that he could not attend or provide an explanation. It appears after having accumulated over 9 unexcused absences, his chain of command initiated separation action against him under the provisions of chapter 13...
ARMY | BCMR | CY2007 | 20070007612C071029
Army Regulation 135-91 states general officer commanders are authorized to grant exceptions to unexcused absences. Army Regulation 135-91 states that, when the notices are personally delivered, the Soldier's signature will be obtained on the file copy as acknowledgment of receipt. The applicant next stated that, “…from his point of view at that time…” he was told that he was (i.e., a present action) in the “Inactive Army Ready Reserve.” It is acknowledged that the applicant had been in the...
ARMY | BCMR | CY2004 | 2004104616C070208
The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60. From the available evidence of record, it appears the applicant should have been discharged on 1 September 1964 upon his ETS. The available evidence of record shows the applicant requested transfer to the Retired Reserve but he never retired.