BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019527
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 an upgrade of his U.S. Army Reserve (USAR) general discharge to honorable.
2. The applicant states he was forced to retire under honorable conditions for one infraction of misconduct. He served 27 years in the Army with several honorable discharges from the National Guard, the Regular Army, and the Army Reserve. He served in the Gulf War in 1990-1991. His record reflects his conduct over the years served. He met all required statistics for training over the time period required and he was never disciplined for any reason during his military career.
3. The applicant did not provide any supporting documentation.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records 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. On 20 November 1986, following prior service in the Regular Army and Army National Guard, the applicant enlisted in the USAR in pay grade E-5.
3. His record shows he served in Southwest Asia from 9 January through 8 May 1991. The highest rank he attained was sergeant first class (SFC)/E-7. He last served on active duty from 11 December 1990 to 4 June 1991.
4. Headquarters, 100th Division, Louisville, KY, Orders 03-133-00001, dated
13 May 2003, discharged the applicant. The orders show:
* Authority: Army Regulation 135-178
* Effective Date: 12 May 2003
* Component: U.S. Army Reserve
* Type of Discharge: Under Honorable Conditions (General)
5. The applicant's discharge processing documentation is not available for review.
6. Army Regulation 135-178 (Army National Guard and Army Reserve
Enlisted Administrative Separations) provides for the separation of enlisted personnel of the USAR and Army National Guard. It states the honorable characterization of service is appropriate when the quality of the Soldiers 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 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-9 states the ABCMR begins 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 specific facts and circumstances surrounding his discharge are not available for review. Although the applicant states he served 27years in the Army with several honorable discharges those prior honorable discharges have no bearing on the general discharge he was issued on 12 May 2003. In the absence to evidence to the contrary, the discharge process must be presumed to have been in accordance with applicable law and regulations.
2. The applicant has not shown any error, injustice, or inequity for the relief he requests. 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 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) AR20100027085
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ABCMR Record of Proceedings (cont) AR20130019527
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