IN THE CASE OF:	  

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130007008 


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 that his general, under honorable conditions, discharge from the U.S. Army Reserve (USAR) be upgraded to honorable.

2.  The applicant states he served his country in an honorable manner throughout his 6 years of service even with the injuries he received in basic combat training.  He does not want to go to his grave with the stain of a general discharge on his record.  He was promised his discharge would be upgraded to honorable, but he does not have a record of that promise.  He has done a lot with his life and brought harm to no one.  He just wants to be recognized so his children and grandchildren can look back on his history and see his job was done well.

3.  The applicant provides copies of:

* DA Form 3686 (Jumps Army Leave and Earnings Statement) for the months/years of May 1979, February 1980, and January 1985
* Certificate of Training, Administrative Specialist Course, dated 
5 September 1979
* DD Form 214 (Report of Separation from Active Duty), effective 
8 September 1979
* DD Form 4 (Enlistment/Reenlistment Document), dated 21 February 1980
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), effective 1 February 1982
* NGB Form 23 (Retirement Points Record), for the period 28 February 1979 to 27 February 1982
* Orders D-02-013623, USAR Personnel Center, dated 20 February 1985
* DD Form 257A (General Discharge Certificate), USAR, dated 27 February 1985
* Diploma, TESST Electronic and Computer Institute, Electronic Engineering Technology, dated 9 October 1992
* Certificate of Training, Principles and Practices of Real Estate Course, dated 10 May 1995
* Columbia State University Certificate, Doctor of Philosophy in Business Administration, dated 15 September 1997
* Columbia State University Certificate, Bachelor of Science in Business Administration, undated
* Columbia State University Certificate, Master of Science in Business Administration, undated
* Colorado Technical University Certificate, Bachelor of Science of Business Administration in Management with Honors, dated December 2007
* Colorado Technical University Certificate, Executive Master of Business Administration, dated March 2009
* Letter from the Department of Veterans Affairs (VA) concerning the applicant's VA claim decision for service-connected compensation made on 4 March 2011
* Standard Form 15 (Application for 10-Point Veteran Preference), dated  30 October 2012
* Standard Form 180 (Request Pertaining to Military Records), undated

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 available records show the applicant enlisted in the Washington District of Columbia (DC) Army National Guard (DCARNG) on 28 February 1979 for a period of 6 years, in the rank of private first class, pay grade E-3. The expiration of his term of service (ETS) was established as 27 February 1985.

3.  On 23 April 1979, the applicant entered active duty for training (ADT).  He completed his initial entry training (IET) and was awarded military occupational specialty (MOS) 71L (Administrative Specialist).  On 8 September 1979, he was released from ADT.

4.  On 21 February 1980, the applicant enlisted in the USAR (Reserve Officers' Training Corps (ROTC) Control Group) for 6 years.

5.  On 1 May 1980, the Professor of Military Science, U.S. Army ROTC Instructor Group, Howard University, informed the applicant via letter that he was formally disenrolled from the U.S. Army ROTC Program due to failing to maintain the required scholastic standard.

6.  His NGB Form 22, effective 1 February 1982, reports that the applicant was separated from the DCARNG with an under honorable conditions characterization of service due to failure to attend drills.  He had completed 
1 year, 11 months, and 4 days of creditable service during the period.  The terminal date for his military service obligation (MSO) was 27 February 1985.  He was not separated from the USAR.

7.  The DA Forms 3686, as provided by the applicant, show the following for:

	a.  The period from 1-31 May 1979, he was paid basic pay and allowances from 23 April to 31 May 1979.  This was the applicant's first recorded compensation.

	b.  The period from 1-29 February 1980, he was paid basic pay for 2 days on 9 and 10 February 1980.

	c.  The period from 1-31 January 1985, he did not receive any basic pay or allowances.  A note states he did no drill performance.  He incurred a $3.00 debt for Servicemen's Group Life Insurance.

8.  Orders D-02-013623, USAR Personnel Center, dated 20 February 1985, discharged the applicant from the Individual Ready Reserve (IRR) effective upon his MSO of 27 February 1985 with a general characterization of service.

9.  Army Regulation 135-178 (ARNG and Army Reserve - Separation of Enlisted Personnel), in effect at the time of the applicant's discharge provided that a Soldier transferred to the IRR for unsatisfactory participation prior to 1 December 1982, with a tentative characterization of service of less than honorable normally would be discharged at the expiration of his or her MSO with that same characterization of service.  However, he or she may earn a higher characterization by rejoining the same or another ARNG or USAR unit and participating satisfactorily for the remainder of his or her MSO, but for not less than 12 months.  He or she may also volunteer for and serve satisfactorily on a tour of at least 45 days active duty for training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his general discharge from the USAR should be upgraded to honorable because he served his country in an honorable manner throughout his 6 years of service.  He further contends that he was promised an honorable characterization of service but no longer has any records to prove his argument.

2.  The available evidence shows the applicant was disenrolled from the ROTC program in 1980 due to failing to maintain scholastic standards.  In February 1982, he was separated from the DCARNG due to failing to attend drills and he was transferred to the USAR with a general characterization of service.

3.  The governing regulation at the time provided that Soldiers who were transferred to the IRR for unsatisfactory participation prior to 1 December 1982, with a tentative characterization of service of less than honorable, normally would receive that same characterization of service upon completing their MSO, unless they rejoined an ARNG or USAR unit to improve the quality of their service through additional participation.  In the applicant's case, there is no evidence showing he ever performed any duty while assigned in the USAR.

4.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20130007008



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ABCMR Record of Proceedings (cont)                                         AR20130007008



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