ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 November 2019

	DOCKET NUMBER:  AR20170008645


APPLICANT REQUESTS:  in effect, correction of his records to show he was honorably 
discharged.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 2-1 (Personnel Qualification Record)
*	Enlistment Contract
*	Annual Statement
*	Discharge Orders
*	Self-Authored Letter

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 (ABCMR) 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.  Applicant states he wish to receive his honorable discharge.  He trained hard and did 
what he was told to do.  He provides a self-authored letter providing details and facts 
surrounding his case.  He states He trained at Fort Benning, Fort Picket/AP Hill and Fort 
Indiantown Gap.  He took his Primary Leadership Course at Fort Indiantown Gap, but 
was frequently marked absent because of training elsewhere.  He was placed in 
Individual Ready Reserves (IRR) sometime in late 1989 as the reserve unit was falling 
apart and was disbanded sometime thereafter.  He awaited new orders and none came.  
He was contacted in 1991 about going to Iraq and he agreed to go.  The man offered 
him two different jobs of which he had no training and when he couldn’t find his records 
he became came angry.

3.  A review of his service records shows:

	a.  He enlisted in the U.S. Army Reserves on 19 March 1987.

	b.  His service records show he was absent from scheduled unit training assembly 
(UTA) or multiple unit training assemblies (MUTAs) between November and December 
1987, and March 1988.

	c.  He was notified, via certified/registered mail, by his immediate commander that 
he was absent from the scheduled UTAs or MUTAs.  In each letter, he was also advised 
he had accrued a certain number of unexcused absences and that an accumulation of 
nine unexcused absences within one year would declare him an unsatisfactory 
participant.  In each case, he was also provided an opportunity to explain and/or provide 
justification for the unexcused periods.  The certified mail receipts show the applicant 
did/did not receive and accept delivery of these letters, but he failed to respond.  He 
accrued nine unexcused absences.

	d.  A memorandum dated 23 April 1991 signed by the Director, of Enlisted Personnel 
Management, states that according to their official record, the applicant did not have a 
primary military occupational specialty (PMOS).  

	e.  On 29 July 1991, the U.S Army Reserve Personnel Center, ST. Louis, MO, 
published Orders D-07-905362, discharging him from the USAR, effective 29 July 
1991,) with an Entry Level Status in accordance with Army Regulation (AR) 135-178 
(Army National Guard and Army Reserve Separation of Enlisted Personnel).  

4.  By regulation (AR 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 one year period.

5.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s 
military service.  It merely means the Soldier has not been in the Army long enough for 
his or her character of service to be rated as honorable or otherwise.  The applicant 
may want to so inform any potential employers

BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include the DoD 
guidance on liberal consideration when reviewing discharge upgrade requests, the 
Board determined relief was not warranted.  The Board discussed that the applicant did 
not report to duty; he had multiple absences.  There is no indication that he completed a 
period of active duty where he completed basic training and advanced individual 
training, so the Board concluded there was insufficient evidence of an error or injustice 
which would warrant making a change to the applicant’s military service record.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 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.

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 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 135-178 sets policies, standards, and procedures to ensure the 
readiness and competency of the U.S. Army while providing for the orderly 
administrative separation of Army National Guard of the United States (ARNGUS) and 
U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons.  Chapter 7 of the 
regulation in effect at the time governed separation for 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 has completed entry level status unless the member's 
record is otherwise so meritorious that any other characterization would clearly be 
inappropriate.  It also states, the honorable characterization of service is appropriate 
when the quality of the Soldier’s service generally meets 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.  A general discharge is 
warranted when a significant negative aspect of the Soldier's conduct or performance 
outweighs positive aspects of the Soldier's military record.  

3.  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 one year period.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170008645

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