ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 June 2019 DOCKET NUMBER: 20170006745 APPLICANT REQUESTS: An upgrade of his general under honorable conditions discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: Online DD Form 149 (Application for Correction of Military Record) application FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was recruited to join his unit 226th Transportation Company, St. Louis, MO, because of his excellent business and typing skills. He replaced the clerk that was retiring and he attended meetings prior to him leaving so that he could mentor him. He served over 6 years in the unit and when his 6 year commitment was almost up his company commander asked him to stay another year according to the applicant. He explained that he was unsure of committing to the year due to his wife’s health problems and a new baby at home. His commander informed him that he would be flexible with his attendance if he extended and after committing and missing his third meeting he was advised that he would be given a general discharge according to the applicant. He felt that in his heart he had done a good job for his unit for over 6 years and while he was not happy with his discharge he didn’t feel that it would have an impact him. Now that he is interested in getting USAA insurance, he is not eligible and is requesting the Board to grant him an upgrade to honorable because he feels warranted and did a great job for his unit. 3. A review of his service records shows: a. He enlisted in the U. S. Army Reserve (USAR) on 6 September 1969. He signed his acknowledgement contract stating that he has been counseled on his reserve contract. He acknowledged that he understood the following: * if he is not excused from training periods by the proper authority, he is considered absent without leave and charged with an unexcused absence * if charged with 5 unexcused absences, he will be ordered to 24 months active duty, less any periods of active duty or active duty for training previously served and subject to reduction action * if change in personal status that affects his ability to participate regularly with the unit, he must continue to attend scheduled training assemblies until excused or until relieved of unit assignment by proper authority * he will not receive credit for attendance at a scheduled meeting unless he is in the prescribed uniform, present a neat and soldierly appearance and perform his assigned duties in a satisfactory manner as determined by his unit commander * he is responsible for informing his unit in advance of any change in his address and is if he changes his residence to a location too distant to continue participation with his assigned unit, he will inform his unit commander who will grant him a 60-day leave of absence * it is his responsibility to locate and join another Reserve unit within the 60-day period and if he fails to do so he will be ordered to 24 months active duty, less any periods of active duty or active duty for training previously served * if not excused from scheduled annual training and fail to attend, that he will be considered absent without leave, and will be ordered to 24 months active duty, less any periods of active duty or active duty for training previously served and subject to reduction in grade * he must reply promptly to military correspondence directed to him b. He entered on active duty for training (ACUDTRA) on 17 February 1970 and completed training for award of military occupational specialty 71B (Clerk). He was honorably released from ACDUTRA on 21 June 1970 and transferred back to his USAR unit. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 4 months and 5 days of active service. c. Following his release from active duty, he accrued multiple periods of unexcused absence. His record of unexcused absences shows he accumulated unexcused absence on date /number of absences: * 27 March 1976. 2 * 19 June 1976, 2 * 20 June 1976, 2 * 21 August 1976, 2 * 22 August 1976, 2 * The total number accumulated in the year was 10 unexcused absences. d. His complete separation packet is not available for review. However, his service record contains multiple certified letters informing him that he had missed unit training assemblies/multiple unit training assemblies, and that he did not provide a rationale for missing drills. By 23 August 1976, he had missed 10 drills. e. A memorandum, dated 22 September 1976, wherein the separation authority approved his discharge from the USAR. e. The applicant was discharged from the USAR on 22 September 1976 under the provisions of Army Regulation (AR) 135-178 (Army National Guard and Army Reserve Separation of Enlisted Personnel), paragraph 3-1, with a General Discharge Certificate. 4. By regulation, AR-135-91 states satisfactory performance is defined as attending all scheduled unit training assemblies, unless excused by the unit commander or granted a leave of absence, attending and satisfactorily completing the entire period of annual training, unless excused by the proper authority, and/or obtaining a unit assignment during an authorized leave of absence. 5. By regulation AR 135-178, states non-obligated enlisted members will be discharged when they fail to participate in required training or fail to earn sufficient retirement points. They can also be discharged if they fail or refuse to reply to or accept official correspondence; or comply with official travel orders or to complete and return forms required by pertinent regulations. 6. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity. He did not provide character witness statements or evidence of post-service achievements for the Board to consider. Based upon the record, the Board agreed that the applicant's discharge characterization was warranted as a result of the misconduct. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX XX XX DENY APPLICATION 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. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) governs service obligations of members of the Reserve Components. This regulation states that a member is an unsatisfactory participant when he or she accrues nine or more unexcused absences from scheduled drills during a 1 year period. 3. Army Regulation 135-178 (Army National Guard and Army Reserve Separation of Enlisted Personnel), establishes policies, standards, and procedures governing the administrative separation' of enlisted members from the Army National Guard of the United States (ARNG) and the United States Army Reserve (USAR). It also sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of ARNG and USAR enlisted Soldiers for a variety of reasons, such as unsatisfactory participation and misconduct. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. An honorable characterization of service is not authorized for a member who is no longer in an entry level status unless the member's record is otherwise so meritorious that any other characterization would clearly be inappropriate. 4. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. Army Regulation (AR) 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) 20170006745 5 1