IN THE CASE OF:	  

		BOARD DATE:	 9 December 2014 

		DOCKET NUMBER:  AR20140007848 


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 correction of his record to show he was not released from his U.S. Army Reserve (USAR) unit as an unsatisfactory participant.

2.  The applicant states:

   a.  In June 1997, he was asked if he would like to reenlist.  He declined, due to his age and marital situation.  Additionally, he was beginning a new career that required weeks of travel.  
   
   b.  His final drill was in July 1997 and his 6-year active service obligation was completed on 29 July 1997.  His commander shook his hand, wished him luck, and told him his 6-year obligation had been completed.  He does not remember signing anything; however, his order of release states that he was released due to unsatisfactory participation for not completing drill in September 1997, two months after the completion of his obligation.

   b.  He is in the process of purchasing a home through the Department of Veterans Affairs (VA).  He feels he was an above average Soldier.  He is a deputy sheriff, still serving the people, and he truly believes the record to be incorrect.

3.  The applicant provides a self-authored statement. 



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 USAR for a term of 8 years on 29 July 1991.  He entered active duty for training (ADT) on 17 October 1991, completed training and was awarded military occupational specialty 76Y (Unit Supply Specialist).   

3.  On 4 March 1992, he was released from ADT and returned to his USAR unit.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time of his release from ADT shows he completed 4 months and  18 days of active service.  Item 6 (Reserve Obligation Termination Date) of this form shows his Reserve obligation would end on 28 July 1999, eight years after his enlistment date.  Item 24 (Character of Service) of this form shows the entry "Uncharacterized."

4.  His records contain a number of Letters of Instruction - Unexcused Absence, the earliest is dated 27 August 1996.  Additional letters were sent on                 20 November 1996, 26 June 1997, and 29 July 1997.  

	a.  The letters show he missed scheduled unit training assemblies (UTA) or multiple unit training assemblies (MUTA) on 24 August 1996 (2), 16 November 1996 (2), 17 November 1996 (2), 14 June 1997 (2), 26 July 1997 (at least 1), and 27 July 1997 (2), totaling at least 11 documented unexcused absences in a           1-year period prior to the expiration of his 6-year contractual obligation.

	b.  Paragraph 2 informed him that under the provisions of Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) he was required to attend all scheduled unit training assemblies and annual training periods.  

	
	c.  Paragraph 4 informed him that absences could be excused only for reasons of sickness, injury, emergency or other circumstances beyond his control and if his absences were one of the reasons, he 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.  He was also informed that his absence could not be excused unless his request with supporting documentation was received within 15 days of the date he received the letter.  

	d.  Paragraph 7 further informed him that if he accumulated nine unexcused absences within a 1-year period, he could be declared an unsatisfactory participant.  

5.  On 21 August 1997, he signed for a letter from his commander, dated          20 August 1997, which notified him that he had accumulated nine unexcused absences within a one-year period.  He was therefore declared an unsatisfactory participant and processed for transfer to the Individual Ready Reserve (IRR).  The letter further instructed him that he was no longer authorized to attend UTAs or Annual Training.

6.  On 1 October 1997, he was reassigned to the IRR.  His record does not contain and he did not provide orders discharging him from the USAR. 

7.  The applicant provides a self-authored statement in which he states:

   a.  he served proudly in the USAR; however, in the Summer of 1997 he was going through tremendous stress.  He was 25 years old and his wife was caught having an affair.  He truly needed to repair himself and he was told July 1997 would be his final drill prior to being placed in the IRR.  He never received an order or he would have tried to fix it at the time.

   b.  he truly feels it was a mistake.  He served his six years proudly, honestly, and with integrity.  He was well-liked and always did as he was told.  If he wasn't a good Soldier, he would not have been recommended for attendance at the Noncommissioned Officer's Academy or promoted to sergeant.  

   c.  he is still serving as a deputy sheriff and prior to the position, he was a local police officer who received three Officer of the Month awards and one Officer of the Year award.  He is closing on a home using a VA loan and he hopes his discharge does not stop the proceedings.  His family of four have already sold their home and he would like the Board to consider amending his discharge to honorable, as he feels being released in October 1997 as an unsatisfactory participant is painful.
8.  Army Regulation 135-178 (Army National Guard (ARNG) and USAR - Enlisted Administrative Separations) sets forth policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of ARNG and USAR enlisted Soldiers for a variety of reasons to include the Soldier's refusal to comply with orders or correspondence and unsatisfactory participation in drills.  Characterization of service normally will be Under Other Than Honorable Conditions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was reassigned to the IRR on 1 October 1997, due to unsatisfactory participation.
 
2.  As a member of the USAR, he was required to attend all scheduled UTAs, MUTAs, and annual training periods.  The evidence shows he failed to do so beginning in August 1996; consequently, he was transferred to the IRR for the remainder of his 8-year statutory obligation.

3.  Although he contends he was young and under tremendous stress, he was clearly informed in his Letters of Instruction - Unexcused Absence that his absences could have been excused if he provided his unit the appropriate affidavit or certification.  However, his service record is void of evidence that shows he took appropriate action to inform his chain of command and to get his absences excused by submitting the appropriate documentation.  

4.  In view of the foregoing, there is no basis for granting his request for removal of his 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)                                         AR20140007848





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ABCMR Record of Proceedings (cont)                                         AR20140007848



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