IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018687 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018687 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018687 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 general discharge from the U.S. Army Reserve (USAR) to honorable. 2. The applicant states he has changed and become a more responsible person. He has become a proud and loving father. He does not have any felony convictions or any trouble in his life. He would like his discharge upgraded to show business and companies he has been a hard-working citizen and he will continue to be so while attending school. 3. The applicant provides no additional evidence. 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 on 9 September 2008 for a period of 8 years. 3. On 17 March 2010, he was notified via certified mail of his pending separation from the USAR under the provisions of Army Regulation 135-178 (Army National Guard and Reserve – Enlisted Administrative Separations), chapter 13, for unsatisfactory participation. The commander cited his failure to attend nine or more battle (unit training) assemblies as the reason for the proposed action. He was given 30 days to respond. He did not respond to the memorandum of notification. 4. Headquarters, 81st Regional Support Command, Orders 10-327-00004, dated 23 November 2010, discharged him from the USAR under honorable conditions (general) by authority of Army Regulation 135-178. The specific paragraph is not shown in these orders. 5. On 23 January 2012, the Army Discharge Review Board denied his request to upgrade his discharge. REFERENCES: Army Regulation 135-178 provides for separation of enlisted personnel of the USAR. a. Chapter 13 applies to unsatisfactory participation in the Ready Reserve. A Soldier is subject to discharge for unsatisfactory participation when a Soldier accrues nine or more unexcused absences in any 12-month period. The characterization of service will normally be under other than honorable conditions, but characterization as general (under honorable conditions) may be warranted. b. Paragraph 2-9a provides that an honorable characterization of service is appropriate when the quality of the member's service generally has met 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. DISCUSSION: 1. The applicant's record of service included his failure to attend nine or more scheduled training assemblies with his unit. 2. A discharge under other than honorable conditions is normally appropriate for the authority and reason for his discharge for unsatisfactory participation under the provisions of Army Regulation 135-178, chapter 13. 3. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. He was given an opportunity to respond to the proposed separation action and he failed to do so. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018687 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018687 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2