IN THE CASE OF:	

		BOARD DATE:	  11 February 2014

		DOCKET NUMBER:  AR20130018440 


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 removal of any reference to her time as an unsatisfactory participant from 22 March to 20 October 1992 from her record.  

2.  She states:

	a.  During the period of her unsatisfactory participation, her 17-year old stepsister was living with her and had a child who was 3 months old.  She was 21 years old at that time and lived over 40 miles from her unit.  Her stepsister had borrowed her car on an occasion and was later killed in a car accident.  After the loss of her stepsister, she was without a car and was responsible for taking care of a 3-month old child.  

	b.  She contacted her supervisor and informed him she was unable to attend drill until she could get everything resolved and get another car.  She had issues with her bank account and was unable to get a car.  She stayed in contact with her unit.  When she received the Letters of Instruction - Unexcused Absence she called her unit and was told the issue would be corrected.  

	c.  She was placed in the Individual Ready Reserve for unsatisfactory participation.  Since she was so young, she never knew what to do to get this issue corrected.  She needs this issue corrected so she can continue to serve this great country.  She tried to enter the Active Guard Reserve, but she was told she could not due to the unsatisfactory participation in her records.  She has over 19 years in the Army Reserves and Active Army.

3.  She provides her reassignment orders, her sister's death certificate, and a newspaper article.

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted her application, she was serving in the U.S. Army Reserve (USAR) in the rank of staff sergeant.

2.  The applicant was born on 21 March 1970 and she enlisted in the USAR on 29 October 1990 at the age of 20.

3.  Orders published by the 310th Theater Army Area Command on 13 November 1992 show she was released from the 611th Supply Company, Jecelin USAR Center, Baltimore, MD, and was reassigned to the U.S. Army Reserve Personnel Center (currently U.S. Army Human Resources Command), USAR Control Group (Annual Training), St. Louis, MO, effective 13 November 1992.  The reason shown is, “Unsatisfactory Participation.”

4.  Her records contain a number of Letters of Instruction - Unexcused Absence, the earliest is dated 22 March 1992.  Paragraph 2 informed her that under the provisions of Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) she was required to attend all scheduled unit training assemblies and annual training periods.  Paragraph 4 informed her that absences could be excused only for reasons of sickness, injury, emergency or other circumstances beyond her control and if her absences were one of the reasons, she should furnish the unit an appropriate affidavit or certification by doctor, medical officer, or other person(s) having specific knowledge of the emergency or circumstances.  She was also informed that her absence could not be excused unless her request with supporting documentation was received within 15 days of the date she received the letter.  Paragraph 7 further informed her that if she accumulated nine unexcused absences within a 1-year period, she could be declared an unsatisfactory participant.  

5.  Her service record contains a Checklist for Unsatisfactory Participation which indicates the earliest date of unexcused absence as 22 March 1992 and Letter of Instruction - Unexcused Absence issued on the same date.  

6.  Army Regulation 135-91 states that, before 1 June 1984, all personnel incurred a 6-year statutory obligation on initial entry into the Armed Forces.  It states 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 nine or more unexcused absences from scheduled drills.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding the death of her stepsister in a car accident are noted.  While the Board is empathic, her service record is void of evidence which indicates that an error or injustice exists in this case.

2.  The applicant contends she was unable to attend drill due to her personal family issues and her inability to purchase a car and that she contacted her supervisor and stayed in contact with her unit.  However, she had been informed numerous times of the requirement to attend all scheduled unit training assemblies and annual training periods and that if she accumulated nine unexcused absences within a 1-year period, she could be declared an unsatisfactory participant.  

3.  Although she contends she was young and never knew what to do to get the issue corrected, she was clearly informed in her Letters of Instruction - Unexcused Absence that her absences could have been excused if she provided her unit the appropriate affidavit or certification.  However, her service record is void of evidence which shows she took appropriate action with her chain of command to get her absences excused due to her stepsister's death by submitting the appropriate documentation.  

4.  The applicant's contention that she has over 19 years of service in the Army Reserves and Active Army is acknowledged.  However, she had been put on notice since March 1992 that she was not satisfactorily participating in her Army Reserve unit and what she needed to submit to get her absences excused.   

5.  Regrettably, there is no basis for granting her request for removal of her time as an unsatisfactory participant. 

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)                                         AR20130018440





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ABCMR Record of Proceedings (cont)                                         AR20130018440



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