BOARD DATE:	  5 November 2013

		DOCKET NUMBER:  AR20130004628 


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 general discharge from the Washington Army National Guard be upgraded to honorable.

2.  The applicant states:

	a.  he believes his actions of unsatisfactory participation were in the best interest of his fellow Soldiers who relied on his ability to provide proper medical care.

	b.  he is pursuing a career in the criminal justice field and an honorable discharge would improve his eligibility.

	c.  his failure to carry out the remaining time of duty for which he received a general discharge was due to the significant lack of training that occurred within his unit.  That lack of training compelled him to make the decision of choosing the safety of fellow Soldiers over his military career.

	d.  in the time preceding his unexcused absences from duty, the weekend drills intended for continuing education and training became a process of inventorying supplies and equipment, or relocating to new bases of operation throughout western Washington to which they were mandated to carry out yet another inventory once established.  It was also during this time that medical personnel were continuously pulled, and then utilized for various tasks such as Kitchen Police (KP) duty and janitorial work.  While he fully understands the need for preparedness being that it is the nature of the job, as well as the common practice for the enlisted to perform remedial tasks, these reoccurring events during drill needlessly used up precious training time.  It should be noted that for whatever reason, these were isolated incidents targeted at the medical unit, and that the other units within the company still received training during this time.

	e.  as a result, a number of his fellow disgruntled medics, 5 plus personnel, ended up transferring to the U.S. Army Reserve (USAR) medical unit stationed at the Fort Vancouver barracks.  Now, at this point he had the option to submit a transfer as well, but decided to stay based on the convictions of his platoon sergeant that the current situation would improve.  Eventually, after a few changes in command the problem regarding their primary task was resolved.  However, with the significant reduction in medical personnel they again found themselves unable to resume training in that their assignments to individual gun batteries proved to be too daunting given time constraints and distances when in the field.

	f.  it was during the time of live exercises (the operating of heavy equipment and live munitions in remote locations that were subjected to adverse weather conditions) that he began to view himself as being more of a liability than as an asset to his fellow Soldiers who depended on his ability to provide accurate medical care during an emergency.  By this time, his option to transfer to the USAR was no longer available due to the lack of any openings.  Therefore, he took it upon himself to stop attending routine drills.     

	g.  it is by no means the intent to make himself sound like a martyr, or that his actions are honorable.  He simply did not want to take on the responsibility of responding to a major trauma that may have resulted in the death of a Soldier largely because he was too incompetent to properly assess and treat the patient. 

3.  The applicant provides:

* Letter of appreciation
* Certificate of achievement
* Orders for the Army Achievement Medal

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 Washington Army National Guard on 21 January 1989 for a period of 8 years.  He completed his training and was awarded military occupational specialty 91A (medical specialist).

3.  His record is void of the specific facts and circumstances surrounding his discharge action.  However, discharge orders and his National Guard Bureau Form 22 (Report of Separation and Record of Service) show he was discharged with a general discharge on 15 February 1995 under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-27g, as an unsatisfactory participant.  He was transferred to the USAR Control Group (Annual Training).

4.  National Guard Regulation 600-200, in effect at the time, set forth the basic authority for the personnel management of enlisted personnel of the Army National Guard.  Paragraph 8-27g of this regulation stated that a Soldier would be discharged from the Army National Guard for unsatisfactory participation.  The regulation also stated that the Soldiers would be notified of recommendations for involuntary discharge and afforded a reasonable opportunity to provide a written response for consideration by the separation authority.  Characterization of service would be in accordance with applicable State codes.

5.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) states, in pertinent part, that enlisted Soldiers who are obligated by statute or contract will be charged with unsatisfactory participation when, without proper authority, they accrue in any 1-year period a total of 9 or more unexcused absences from scheduled drills.

6.  Army Regulation 135-178 provides for the separation of enlisted personnel of the U.S. Army Reserve and Army National Guard.  It states the honorable characterization of service is appropriate when the quality of the Soldier’s 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his general discharge upgraded to honorable to improve his employment eligibility.  However, discharges are not upgraded for the purpose of enhancing employment opportunities.

2.  In the absence of evidence to the contrary it must be presumed his separation processing was administratively correct and in conformance with applicable regulations.  Without the discharge packet to consider, it is presumed his characterization of service was commensurate with his overall record of service.  Therefore, there is an insufficient evidentiary basis for granting the applicant an honorable discharge.

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)                                         AR20130004628





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ABCMR Record of Proceedings (cont)                                         AR20130004628



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