IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110002891
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, his under other than honorable conditions discharge from the U.S. Army Reserve (USAR) be revoked and:
* reinstatement of his rank/grade to staff sergeant (SSG)/E-6
* transfer to the Individual Ready Reserve (IRR)
2. The applicant states he had transportation problems and could no longer make drills. He asked to be placed in the IRR or find a unit in Florida.
3. The applicant provides a notarized statement regarding his car trouble.
CONSIDERATION OF EVIDENCE:
1. Having had prior service in the Regular Army, the applicant enlisted in the Florida Army National Guard (FLARNG) in the rank/grade of sergeant (SGT)/E-5 for 6 years on 30 November 1993 and held military occupational specialty 31U (Signal Support Systems Specialist).
2. On 11 September 1994, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice foe absenting himself from his scheduled multiple unit training assemblies (MUTA).
3. He was released from the FLARNG as an unsatisfactory participant on 1 March 1997 after having been reduced to private first class/E-3. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
4. He entered active duty from the USAR on 27 January 2003 and he was honorably released from active duty on 6 January 2004. He was later reassigned to the 3rd Battalion, 108th Regiment, Augusta, GA, and he was promoted to SSG/E-6 on 8 January 2006.
5. The complete facts and circumstances of his discharge from the USAR are not available for review with this case. However, his records contain Orders 10-321-00044, issued by Headquarters, 81st Regional Support Command, on 17 November 2010 that:
a. Ordered his reduction from SSG/E-6 to private/E-1, effective 17 November 2010, in accordance with paragraph 1-15 of Army Regulation 600-8-19 (Enlisted Promotion and Reductions).
b. Ordered him discharged from the USAR effective 22 November 2010 in accordance with Army Regulation 135-178 (Enlisted Administrative Separations) with an under other than honorable conditions character of service.
6. His Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points) shows he completed a total of 15 years, 8 months, and 1 day of qualifying service for non-regular retirement.
7. He provides a notarized statement, dated 21 December 2010, describing his car trouble.
8. Army Regulation 600-8-19 provides for the promotion and reduction of enlisted personnel. Paragraph 1-15 states when the separation authority determines that a Soldier is to be discharged from the Service under other than honorable conditions, the Soldier will be reduced to the lowest enlisted grade. Further board action is not required for this reduction.
9. Army Regulation 135-178 establishes policies, standards, and procedures governing the administrative separation of certain enlisted Soldiers of the Army National Guard of the United States and the USAR. A Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because: the Soldier is an unsatisfactory participant, attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier's refusal to comply with orders or correspondence, a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable, or 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.
DISCUSSION AND CONCLUSIONS:
1. The complete facts and circumstances surrounding the applicant's discharge are not available for review with this case. However, his records contain a duly-constituted order that ordered his reduction to the lowest enlisted grade and discharge with an under other than honorable conditions characterization of service.
2. In the absence of evidence to the contrary, it is presumed that his reduction and discharge were in accordance with applicable regulation. He has provided no evidence to show he was reduced or discharged in error.
3. In view of the foregoing, there is insufficient evidence to grant him the requested relief.
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.
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