IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150005434 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 undesirable discharge (UD) to a general, under honorable conditions discharge (GD). 2. The applicant states his discharge for unfitness does not reflect his unfitness prior to being admitted for service. 3. In the statement prepared for the applicant, it is stated that he should not have been accepted for induction because – * he was 18 years old and had not completed high school * he has mental development and learning impediments * his mental limitations were the cause of his inability to conform to military standards * the fact that he was taken into the military in 1974 (sic) shows that the military was desperate for manpower * his mental deficiencies should have been detected by the Army National Guard (ARNG) at the time of induction * there are no standards that could or should have allowed the ARNG to induct him * his being mentally unfit from the onset set him up to fail * his post-service General Education Development (GED) test scores show that he has spent most of his life undereducated * he should not have to bear the burden for his being improperly inducted * while the applicant has been convicted of several felonies since his discharge, his UD has been a larger burden on him than the felony convictions have been 4. The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty), an NGB Form 22 (Report of Separation and Record of Service), and a report of results of a General Educational Development (GED) testing. 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. Request to the National Archives and Records Administration (NARA), the custodian of the applicant's military records, for the applicant's records failed to locate any Army service records for the applicant. The only available documents are those provided by the applicant. 3. The applicant enlisted in the Illinois Army National Guard (ILARNG) on 18 December 1973 and entered active duty for training 1 February 1972. 4. His DD Form 214 shows – * type of separation – release to ILARNG * he was released from active duty on 9 September 1974 * the authority and reason for separation is redacted * his characterization of service as – under other than honorable conditions * he did not complete his military occupational specialty training * block 27 (Remarks) shows he was released to state control as a member of the ILARNG for discharge under the appropriate ARNG regulation for unfitness 5. In accordance with Special Order 202, paragraph 7, dated 16 October 1974, applicant was discharged from the ILARNG on 20 October 1974 for unfitness. 6. On 19 September 1997, the applicant completed GED testing at the U.S. Penitentiary at Terre Haute, Indiana. The results provided show his scores ranked him in the lower 50th percentile on all five categories tested with his writing skills listed at the 15th percentile. 7. There is no indication the applicant applied for review of his discharge by the Army Discharge Review Board within its 15-year statutory limit. 8. Army Regulation 135-178 (Reserve Components – Separation of Enlisted Personnel), in effect at the time, prescribed the policies, criteria, and procedures which applied to the separation of enlisted members of the ARNG and the U.S. Army Reserve. This regulation stated that an undesirable discharge would normally be issued for the following reasons: unfitness for retention, misconduct, and security reasons. 9. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The type and character of the discharge is commensurate with his overall record. 2. The applicant did not provide any evidence supporting his claim that he was incapable of serving or that he should not have been enlisted. 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) AR20150005434 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005434 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1