MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  21 May 2002
	DOCKET NUMBER:  AR2002066655

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L.Prater		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be reinstated in the U. S. Army Reserve (USAR) and that his rank of sergeant (SGT), pay grade E-5, be restored.

APPLICANT STATES:  That he never failed a Army Physical Fitness Test (APFT).  He was told that his records could not be found so he could not join a unit.  His records were found when he was discharged.  Correspondence was sent to an address that was not his address.  He indicates that his address shown on his enlistment contract was on Delridge Way.

EVIDENCE OF RECORD:  The applicant's military records show:

That he has served in the Regular Army from 30 November 1982 through 12 July 1991, and had served in a USAR Troop Program Unit (TPU) from 13 July 1991 through 20 April 1993.

On 21 April 1993, the applicant enlisted in the Washington Army National Guard (WAARNG), 164th Mobile Army Surgical Hospital (MASH) in Tacoma, Washington.  He enlisted as a SGT, pay grade E-5, for 6 years.  He was assigned as a utilities equipment repairer.  His address was listed on Delridge Way.  He completed a DD Form 398-2 (National Agency Check) that showed that he lived on 180th Street from July 1992 through April 1993, and he then lived on Delridge Way.

He attended a Multiple Unit Training Assembly (MUTA) on 1-2 May 1993 (4 drill periods) and attended Annual Training (AT) from 12-26 June 1993.  There is no record that he attended unit drill in July, August, or September 1993.  He did not attend the MUTA on 2-3 October 1993.  On 8 October 1993, the unit sent him a memorandum informing him that his absence from drill on 2-3 October 1993 
(4 drill periods) was unexcused and that if he accrued 9 unexcused absences in a 12 month period, he would be subject to transfer to the Individual Ready Reserve (IRR).  The memorandum was sent to his 180th Street address and returned to the unit undelivered.

He did not attend the MUTA on 6-7 November 1993.  On 18 November 1993, 
the unit sent him a memorandum informing him that his absence from drill on 
6-7 November 1993 (4 drill periods) was unexcused, that he had accrued 
8 unexcused absences, and that if he accrued 9 unexcused absences in a 
12 month period, he would be subject to transfer to the IRR.  The memorandum was sent to his 180th Street address and returned to the unit undelivered.

On 18 November 1993, the unit sent him a memorandum at this 180th Street address informing him of the commander’s intent to reduce him in rank and pay grade under authority of National Guard Regulation 600-200, paragraph 6-44a, inefficiency due to unexcused absences (unsatisfactory participation).  He was given 20 days to provide rebuttal.

He did not attend the MUTA on 4-5 December 1993.  On 6 December 1993, 
the unit sent him a memorandum informing him that his absence from drill on 
4-5 December 1993 (3 drill periods) was unexcused, that he had accrued 
11 unexcused absences, and that if he accrued 9 unexcused absences in a 
12 month period, he would be subject to transfer to the IRR.  The memorandum was sent to his 180th Street address and returned to the unit undelivered.

On 10 December 1993, an Noncommissioned Officer Evaluation Report (NCOER) was completed on the applicant.  He received success marks except in competence where he received a “Needs Improvement” with the remark, “failed SQT (Skill Qualification Test) with a score of 39.”  It shows he last passed the APFT in January 1991.  The NCOER shows that the applicant was unavailable for signature.

On 21 December 1993, the applicant was reduced to specialist (SPC), pay grade E-4, by Headquarters, 164th MASH orders 23-1, for unsatisfactory participation.

On 1 February 1994, the applicant was discharged as a SPC from the WAARNG and transferred to the USAR Control Group (Reinforcement) to complete his 
5 years, 2 months, and 19 days enlistment.  The National Guard Bureau Form 22 states, “Individual was discharged without personal notice due to location unknown.  NGB Form 22, NGB Form 56a, and state orders were mailed by First Class Mail to the soldier at last known address as shown in item #19. … 
180th Street…”  The discharge character of service was under honorable conditions.  The authority and reason for discharge was NGR 600-200, paragraph 9-27g, unsatisfactory participant.

He was discharged from the USAR on 20 April 1999.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was properly reduced and discharged for unsatisfactory participation due to at least 11 unexcused absences as shown by the record.  The applicant did not attend drill or training at his unit from July 1993 through his 

discharge in February 1994.  Although the correspondence and separation documents were sent to his former address, there is no evidence that he made an effort to attend drill or request excuses from drill, at which time the issue of his mailing address could have been corrected.  There is no evidence that the applicant requested assignment to a TPU while in the IRR from February 1994, to his discharge from the IRR on 20 April 1999.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jp____  ___tl____  ___be_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

 
INDEX

CASE ID	AR2002066655	
SUFFIX		
RECON		
DATE BOARDED	20020521	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19940201	
DISCHARGE AUTHORITY	NGB Reg 600-200, para 9-27g	
DISCHARGE REASON	Unsatisfactory Participant	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110 – Discharge Document	
2.		
3.		
4.		
5.		
6.