IN THE CASE OF:	  

		BOARD DATE:  26 March 2014

		DOCKET NUMBER:  AR20130013496 


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 be upgraded to honorable.

2.  The applicant states:

* He served his contract of six years in the Army National Guard (ARNG)
* He requested to be relieved of summer camp responsibilities due to the birth of his first child but in order to be released, he was forced to reenlist and sign another contract for what he believed to be a one-year extension
* He then contacted his first sergeant and he was told that all he had to do was to turn in his equipment and his responsibilities were fulfilled
* At that point, he assumed his service record had been completed
* He was not aware of any discrepancies with his discharge classification until he requested a home mortgage loan through the Department of Veterans Affairs (VA)
* He never had had any problems and he had a stellar record while he served his country and he is shocked to find out his classification [character of service] was incorrect
* If he does not get this classification corrected he will not be able to secure his VA loan resulting in him losing the house he has chosen

3.  The applicant provides a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).


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's military records are not available for review.  The Board requested his military records from the repository in St. Louis, Missouri, but without success.  This case is being considered based on his NGB Form 22.

3.  His NGB Form 22 shows:

	a.  He enlisted in the Illinois Army National Guard (ILARNG) on 14 October 1971.

	b.  His primary military occupational specialty was 95B (Military Policeman).

	c.  He was discharged from the ILARNG on 16 June 1978 in the rank and grade of private/E-2 with his service characterized as general, under honorable conditions, after completing 6 years, 8 months, and 2 days of service.

	d.  The authority and reason for his separation is not specified.

	e.  He was not available to sign the NGB Form 22.

4.  The applicant submitted a request for an upgrade of his discharge to the State of Illinois Adjutant General.  On 27 June 2013, a representative from the State of Illinois Department of Military Affairs responded to the applicant and indicated that The Adjutant General could not unilaterally upgrade discharges as this is against Department policy.  He was advised to apply to this Board.

5.  There is no evidence indicating the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitation.

6.  Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) 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.  A general discharge is warranted when significant negative aspects of the Soldier's conduct or performance outweigh positive aspects of the Soldier's military record.  

7.  Army Regulation 15-185 (ABCMR), paragraph 2-2c states the ABCMR will decide cases on the evidence of record.  It is not an investigative agency.  Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his general, under honorable conditions discharge be upgraded to honorable in order to qualify for a VA home mortgage loan.  However, the ABCMR does not upgrade discharges for the sole purpose of enabling individuals to obtain veteran's benefits.

2.  The available evidence of record shows he was discharged from the ILARNG on 16 June 1978 with his service characterized as general, under honorable conditions.  The authority and reason for his separation was omitted from his NGB Form 22.

3.  Based on the unavailability of the applicant's military records and the applicant's failure to provide sufficient documentary evidence showing an error or injustice occurred in his discharge process, almost 40 years later, administrative regularity must be presumed.

4.  In view of the above, 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 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)                                         AR20130013496



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ABCMR Record of Proceedings (cont)                                         AR20130013496



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