IN THE CASE OF:	  

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150002946 


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, in effect, his uncharacterized discharge be upgraded to an honorable discharge (HD) or a general discharge (GD).

2.  The applicant states, in effect:

	a.  although he desired to report to active duty he had no mode of transportation to get to post;

	b.  after he reported back to his unit in Baltimore, Maryland from being separated, he was never questioned about why he did not report to active duty in St. Louis, Missouri;

	c.  he immediately noticed he was not provided any transportation tickets to travel to St. Louis, and thought he was either being jerked around or permanently discharged because of missed drills;

	d.  although he was not looking to receive benefits, no one changed his discharge orders to allow him to receive benefits from the Department of Veteran Affairs (VA) now that he is 60 years old;

	e.  he only missed 2 months of drills with permission from his first sergeant (1SG) because they worked out a deal that allowed him to perform extra duty during unscheduled drills which he fulfilled; and

	f.  he continues unclear dialogue in 10 additional pages of handwritten communication about the terrorism he smells, the chemical warfare on our home shores of the United States, the monetary compensation he awaits from the Department of Treasury, homes and millions of dollars owed him, multiple businesses and corporations, the importance of school age students excelling or losing entitlements, scams surrounding his name, fraudulent documents, and his million dollar give-a-way to those that he must declare have background checks.

3.  The applicant provides:

* State of Maryland, Military Department, Letter
* Maryland Army National Guard (MDARNG), G-1, Letter
* Army Review Boards Agency (ARBA) Letter
* Discharge Order
* NGB Form 22 (Report of Separation and Record of Service)
* 13 page 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’s military record shows he enlisted in the Maryland Army National Guard (MDARNG) on 21 April 1979, for a period of 6 years.  On 21 May 1979, he entered active duty training (ADT) and upon successful completion thereof, he was awarded military occupational specialty (MOS) 64C (Motor Transport Operator).

3.  On 14 August 1979, the applicant was honorably released from ADT and returned to his MDARNG unit.  The DD Form 214 (Report of Separation from Active Duty) issued at that time shows he completed 2 months and 26 days of active military service. 

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) confirms, in Item 18 (Appointments and Reductions), that he was promoted to the rank of private first class (PFC) on 31 May 1980, and that this is the highest rank he attained during his military service.  This item also shows that he was reduced to private (PV2)/E-2 on 1 April 1983 and the corresponding reduction order on file shows the reduction was due to inefficiency.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains three letters, dated 28 May 1982, 22 October 1981, and 17 June 1938 [sic] (should be 1983), Subject:  Letters of Instructions-Unexcused Absence.  These letters notified the applicant he had accrued 29 unauthorized absences and informed him that if he were charged with more than 9 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 obligation.

6.  The MPRJ also contains Postal Service (PS) Forms 3800 (Receipt for Certified Mail) and a PS Form 3811 (Domestic Return Receipt) with the applicant’s signature confirming his receipt of the letter dated 17 June 1938 [sic].

7.  The applicant's record does not include a separation packet containing the specific facts and circumstances surrounding the applicant’s separation processing.  However, it does include:

	a.  DA Form 2496 (Disposition Form), subject:  Request for Discharge, dated 17 June 1983.  It shows a request for discharge orders was initiated against the applicant based on his “Continuous and Willful Absence from Military Duty” under the provisions of paragraph 710r, National Guard Regulation 600-200.

	b.  State of Maryland, Military Department, Fifth Regiment Armory, Orders Number 127-1 MD-STARC-ARP dated 27 June 1983, directing the applicant’s release from the MDARNG and transferring him to the IRR effective 1 July 1983 with uncharacterized service.

8.  The applicant's record does not include a complete separation packet containing the specific facts and circumstances surrounding the applicant’s separation processing.  However, it does include a properly constituted NGB Form 22.  It identifies the authority and reason for the applicant's discharge, which shows he was discharged under the provisions of paragraph 7-10r, National Guard Regulation 600-200, by reason of “Continuous and Willful Absence from Military Duty), and that he received an uncharacterized discharge. 


9.  National Guard Regulation 600-200 (Enlisted Personnel Management) prescribes the policies, criteria, and procedures that apply to procuring and retaining enlisted personnel, establishing and mainlining personnel records, and actions involving personnel management from date of procurement to date of separation or discharge.  Paragraph 7-10r applies to enlisted ARNG Soldiers with a remaining Reserve obligation who are separated or discharged due to continuous and willful absence from military duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the uncharacterized discharge he received on 1 July 1983 should be upgraded to an HD because he had no means of transportation to report to duty.  However, this factor is not sufficiently mitigating to support granting the requested relief. 

2.  While his complete discharge packet is not available for review, the evidence of record confirms the applicant was properly notified in writing of 29 unexcused absences, which formed the basis for his separation as shown on his separation order.  His record also contains an NGB Form 22 that identifies the reason and characterization of the applicant's service.  This document confirms the applicant was discharged under the provisions of paragraph 7-10r, NGR 600-200, for continuous and willful absence from military duty and his service was uncharacterized.  This separation document carries with it a presumption of government regularity in the separation process.

3.  The applicant's extensive history of unexcused absences during his enlistment clearly diminished the overall quality of his service below that meriting a fully honorable discharge or general discharge.  As a result, absent any evidence of error or injustice in his separation processing, there is an insufficient evidentiary basis to support an upgrade of his uncharacterized discharge from the MDARNG.  

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)                                         AR20150002946



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ABCMR Record of Proceedings (cont)                                         AR20150002946



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