DOCKET NUMBER: AR20130003063
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 the removal of his "dishonorable discharge" from his records. However, the applicant was in fact discharged from the U.S. Army Reserve (USAR) with an under other than honorable conditions discharge and it appears he desires to have his discharge upgraded.
2. The applicant states he made a mistake when he was young because he could not obtain transportation to his unit for drills and finally gave up trying and subsequently was discharged for unsatisfactory participation.
3. The applicant provides:
* a one-page self-authored letter explaining his application
* a copy of his high school diploma and résumé
* his Certificate of Marriage
* seven third-party letters
* a Certificate of Satisfaction
* a criminal history records check
* financial documents related to loans
* his homeowners association bulletin
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 USAR in Richmond, VA on 1 February 1979 for a period of 6 years. He was residing in Skippers, VA at the time of his enlistment. At the time of his enlistment he acknowledged that he understood he was required to attend all unit training assemblies unless excused by proper authority and that five or more unexcused absences within a 1-year period could result in his being declared an unsatisfactory participant. He was also advised if he was declared an unsatisfactory participant he could be discharged or ordered to active duty.
3. He was ordered to initial active duty training (IADT) on 27 April 1979 and he was transferred to Fort Sill, OK to undergo his one-station unit training as a cannon crewman.
4. On 20 July 1979, he was honorably released from IADT and he was returned to his USAR unit in Virginia.
5. During the period of 16 September to 16 November 1981, the applicants commander sent four notices of unsatisfactory participation to the applicant using accountable mail. The last notice informed the applicant that he had
12 unexcused absences.
6. The specific facts and circumstances surrounding his administrative discharge are not present in the available records; however, a DA Form 2496 (Disposition Form), dated 26 April 1982, that is contained in his records and was prepared by the Staff Judge Advocates office at Fort Lee, VA indicates that 45 days had elapsed since the notification of separation had been sent to the applicant at his address in Skippers, VA.
7. Orders Number D-04-907227, issued by the USAR Personnel Center, St. Louis, MO, dated 20 April 1985, discharged the applicant under the provisions of Army Regulation 135-178, effective 20 April 1985. He was discharged with an under other than honorable conditions discharge
8. The applicant provides seven third-party letters who attest to his dependability, trustworthiness, attention to detail, willingness to help others, and his capability to get the job done.
9. There is no evidence in the available records that shows the applicant petitioned the Army Discharge Review Board for an upgrade of his discharge within that boards 15-year statute of limitations.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that the applicants administrative discharge was accomplished in accordance with applicable laws and regulations with no violations of any of the applicants rights.
2. Likewise, it must also be presumed that his service was properly characterized based on his overall record of performance and the basis for his discharge at the time.
3. The applicants contentions and supporting documents have been noted; however, lacking the specific facts and circumstances surrounding his discharge, there does not appear to be a basis to upgrade his discharge, especially since the applicant has admitted that he made the mistake of not satisfactorily participating in his Reserve meetings.
4. Therefore, in the absence of evidence to the contrary it must be presumed that the applicant was properly discharged and that his service was appropriately characterized.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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.
ABCMR Record of Proceedings (cont) AR20130003063
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ABCMR Record of Proceedings (cont) AR20130003063
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