IN THE CASE OF:
BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20150000185
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 discharge from the United States Army Reserve (USAR) be upgraded to an honorable discharge.
2. The applicant states that he desires his discharge to be upgraded so that he may be able to obtain an identification (ID) card.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 applicants records, though somewhat incomplete, show that he enlisted in the Regular Army on 27 September 1978 for a period of 3 years and training as a cannon crewman. He completed one station unit training at Fort Sill, Oklahoma and was transferred to Germany where he served until he was honorably released from active duty on 25 September 1981 and transferred to the USAR Control Group (Reinforcement).
3. On 23 July 2002, during a command directed urinalysis his specimen tested positive for marijuana.
4. The complete facts and circumstances surrounding the applicants administrative discharge from the USAR are not present in the available records. However, his records do show that he was serving in the USAR in the rank of sergeant, on 14 April 2004, when his commander initiated action to discharge him from the USAR under the provisions of Army Regulation 135-178 (Army National Guard and Reserve Enlisted Administrative Separations) for misconduct due to the use of illegal drugs.
5. On 28 April 2005, the applicant was discharged from the USAR under honorable conditions under the provisions of Army Regulation 135-178.
6. The available records do not contain sufficient evidence to show if the applicant ever qualified for or was issued a 20-Year Letter.
7. Army Regulation 135-178 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 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.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that the applicants administrative separation was accomplished in accordance with applicable regulations with no indication of any violations of the applicants rights.
2. The applicant has failed to show through sufficient evidence of record and evidence submitted with his application that he did not commit the offense for which he was accused or that his discharge was flawed.
3. He has also failed to show that he qualified for or was issued a 20-Year Letter prior to discharge that would qualify him for a non-regular retirement and issuance of an ID card.
4. Therefore, there appears to be no basis to grant his request for an upgrade of his 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 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) AR20150000185
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150000185
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004473
The applicant's records further show that he was notified in writing of his unexcused absence and that each notification letter advised him that if he accumulated nine unexcused absences within a one year period, he could be declared an unsatisfactory participant and transferred to the Individual Ready Reserve (IRR) for the balance of his service obligation. The records show that he acknowledged receipt of the notification letters as follows: a. on 10 March 1980, by certified letter, the...
ARMY | BCMR | CY2015 | 20150000686
The applicant states that he should have been transferred to the Retired Reserve instead of being discharged because he served 22 years and received his 20-Year Letter. However, his discharge orders show that he was discharged under honorable conditions (general) on 3 April 2006 from the USAR under the provisions of Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations). As he provided no evidence to support his contention that his discharge...
ARMY | BCMR | CY2013 | 20130000768
The applicant requests an upgrade of his discharge under other than honorable conditions from the U.S. Army Reserve (USAR) to a general discharge under honorable conditions. On 23 March 2012, he submitted a request for an upgrade of his discharge to the Army Discharge Review Board (ADRB). The evidence shows he did not do so and he admits he did not attend training due to the lack of transportation.
ARMY | BCMR | CY2013 | 20130008847
The applicant requests her uncharacterized discharge from the U.S. Army Reserve (USAR) be changed to honorable or a general discharge. A memorandum, dated 7 September 1995, shows the applicant was notified of her pending USAR discharge under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel), chapter 5. There is no evidence that indicates she was any less mature than other Soldiers of the same age who successfully completed their military term of service.
ARMY | BCMR | CY2012 | 20120021247
The applicant requests an upgrade of his under other than honorable conditions discharge from the U.S. Army Reserve (USAR) to a general under honorable conditions discharge. On 1 October 2002, he was honorably discharged to become a member of the USAR. The available evidence does not support the applicant's request for an upgrade of his USAR discharge from under other than honorable conditions discharge to a general discharge.
ARMY | BCMR | CY2010 | 20100027193
The applicant requests correction of his records to show he was discharged from the Army National Guard (ARNG) for medical reasons. On 12 March 2009, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of Army Regulation (AR) 135-178 (Enlisted Administrative Separations) by reason of unsatisfactory participation. Commanders, who suspect that a Soldier may not be medically qualified for retention, will...
ARMY | BCMR | CY2010 | 20100019073
The applicant requests his general discharge from the Army National Guard (ARNG) be upgraded to an honorable discharge. After he retired he tested positive for marijuana and was recommended for a general discharge by a administrative discharge review board which convened after he received his 20 year letter and retired. Accordingly, on 15 October 1995, the applicant was given a general discharge and issued an NGB Form 22 (Report of Separation and Record of Service).
ARMY | BCMR | CY2015 | 20150001811
In a memorandum dated 20 July 1996, the applicant was notified by his company commander that separation action was being initiated to separate him from the USAR in accordance with Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) paragraph 7-11c, misconduct - abuse of illegal drugs. There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of...
ARMY | BCMR | CY2009 | 20090007182
Army Regulation 135-178 (Separation of Enlisted Personnel), paragraph 7-11(C)(1), in effect at the time, provided for the discharge for misconduct when it was determined that the Soldier was unqualified for further military service by reason of abuse of illegal drugs. However, her overall record of service was considered at the time of her general discharge and the character of her service appears to be appropriate considering all of the facts of the case. There is no evidence of record,...
ARMY | BCMR | CY2009 | 20090021108
The applicant requests an upgrade of her discharge from the U.S. Army Reserve (USAR) from a general discharge to an honorable discharge. The applicants record shows she was discharged by reason of continued absence from drills with a general discharge. __________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.