IN THE CASE OF:	  

		BOARD DATE:	    19 September 2013

		DOCKET NUMBER:  AR20130002346 


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 his uncharacterized discharge to honorable.

2.  The applicant states, in effect, that he failed to report for his initial active duty for training (IADT) because he was hospitalized for a gunshot wound and was unable to attend training.  It was not due to negligence and he believes that his service should be characterized as honorable.

3.  The applicant provides a self-authored letter, copies of his medical treatment records, and copies of the police report.

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 applicant's 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 applicant's 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 Nevada Army National Guard (NVARNG) on 5 November 1993 and was ordered to IADT under the split-training option to attend basic training on 3 January 1994.  He completed basic training at Fort Leonard Wood, Missouri, on 10 March 1994 and returned to his NVARNG unit.

3.  On 21 April 1994, orders were published ordering him to report to Aberdeen Proving Ground, Maryland, on 28 April 1994 for advanced individual training (AIT).  The applicant failed to report and was given an alternate date of 3 May 1994.  He again failed to report as ordered.  On 5 May 1994, he submitted a request for an extension because his financial situation prevented him from leaving the state and because he had a court appearance that required his presence.

4.  On 1 November 1994, he transferred to the Oregon Army National Guard (ORARNG).  On 1 January 1995, the applicant sustained a gunshot (shotgun) wound to the right bicep and forearm while attending a party.  His wound required surgery and hospitalization and the progress notes projected 6 to 8 months of recovery.

5.  The facts and circumstances surrounding the applicant's administrative discharge are not present in the available records; however, the applicant was discharged from the ORARNG and as a Reserve of the Army on 2 February 1995 under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-26f, due to failure to meet procurement fitness standards prior to entry on IADT.  He still had not completed IADT for his AIT.

6.  National Guard Regulation 600-200, in effect at the time, set forth the basic policy for the separation of enlisted personnel.  Paragraph 8-26f provided the criteria for separation of personnel who did not meet procurement medical fitness standards when accepted for enlistment.  It states that medical proceedings must establish that a medical condition was identified by appropriate military medical authorities while in an entry-level status which would have temporarily or permanently disqualified the member for entry into military service had it been detected at the time of enlistment.  Service will be uncharacterized for those who are discharged prior to completing IADT.

7.  National Guard Regulation 600-200 provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

8.  National Guard Regulation 600-200 also provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it appears that the applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicant's rights.

2.  The applicant was scheduled for IADT to complete AIT on at least two occasions and failed to report as ordered.  Before he could complete AIT he was injured while attending a party and he was unable to complete IADT through his own actions because he no longer met medical procurement or retention standards.

3.  While it is unfortunate that the applicant was injured to the extent that he could not complete AIT, by virtue of enlisting under the split-training option he was still in an entry-level status and thus his service was properly uncharacterized.

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

5.  In the absence of evidence to the contrary, it must be presumed that the applicant's service was properly uncharacterized and lacking sufficient evidence to show otherwise, there appears to be no basis to characterize his 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 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)                                         AR20130002346



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ABCMR Record of Proceedings (cont)                                         AR20130002346



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