ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20170014656 APPLICANT REQUESTS: a reconsideration of his previous request for an upgrade to his under other than honorable conditions discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Four Character References FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120021316 on 27 June 2013. 2. The applicant states he does not remember being absent on the dates in question. If he had known, he cared too much about his service to the United States and it meant much more to him than it appeared. He loves the state and country and when he turned in his military gear, not one thing was brought to his attention about his absences. 3. The applicant provides: a. A character reference from his Pastor stating he is writing to attest to the character of the applicant, whom he has known for 5 years in his capacity as Pastor of their church. He has been an active member of their church, participating in the Deacons Ministry, where he currently serves as chairman. He has taken on several other leadership roles in the church and attends services weekly. He has been a very good role model for those seeking a more active and rewarding relationship with God. He is pleased to witness the applicant’s spiritual growth over time and he looks forward to seeing it grow further. He knows him as a person of good moral character with well-meaning intentions and as a hard-working member in their congregation. b. A character reference from X__, which states she has known the applicant and his family for majority of her life. He is an active and devoted member of their church and a deacon. He is very active in church, as well as the community, he is always willing to put the needs of others before his own. She truly believes he will be a great asset to any organization. c. A character reference from X__ stating she has known the applicant for the past four years and he is pleasure to be around. They were previous coworkers and he is currently a participant of the Carrie J Mays; where she oversee the senior program. The applicant comes to the Community Center on a daily basis and ministers to the elderly. The seniors enjoy his presence and he makes it his job to communicate with the elderly on a one on one basis. He is an advocate for his community and is a law abiding citizen. He is well known, knowledgeable and is an asset to the community. d. A character reference from X__ stating the applicant is a good natured, courteous and determined Deacon. He is an enthusiastic leader with an eagerness to learn and teach others. He exhibits desire, motivation and technical expertise. He is well organized and maintains effective paperwork flow, sets goals and objectives and strives to meet or exceed them. He handles all assigned tasks in a timely manner and seeks to accomplish the mission in ways that sustain motivation and morale. He also achieves a highly effective balance between direction and delegation. He is fun to work with. 4. A review of the applicant’s service record shows: a. He enlisted in the Army National Guard (ANG) on 10 March 1977 and was ordered to active duty for training (ADT) on 16 March 1977. b. His DD Form 214 (Report of Separation from Active Duty) shows he was released from ADT on 4 August 1977 and returned to state control of the ANG, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 2. His characterization of service was honorable. He was awarded the MOS 62B, Engineer Equipment Repairman. He completed 3 months and 4 days of net active service this period. c. On 11 July 1981, he received a letter of reprimand for willfully failing to follow the prescribed convoy route. He received an unsatisfactory performance of duty on 7 June 1981. d. He had unexcused absences as shown on the letters of instruction from the immediate commander, stating he was absent from scheduled unit training or multiple unit training assemblies on: * 18 June 1982, notification of 5 unexcused absences within a one year period * 21 July 1982, reduction in grade for missing periods 1, 2, 3, 4 * 21 July 1982, notification of 9 unexcused absences within a one year period e. The commander, by letter, on 3 August 1982, notified the applicant that he accumulated nine unexcused absences within a one-year period. He carefully considered his complete file and any reasons submitted for being absent, and decided not to excuse the absences. He was declared an unsatisfactory participant and he initiated action to separate him from the unit for misconduct under the provisions of Section VII, Chapter 7, AR 135-178. He also notified the applicant his service may be characterized as under other than honorable. He gave the applicant 45 days: * to consult with counsel * to appear and present his case before an administrative separation Board * to be represented at any hearing by appointed counsel * to submit statements on his own behalf * to withdraw his waiver of rights f. On 8 October 1982, the commander stated that the applicant was absent and has not notified the command or offered any cogent or emergency reason which prevented him from attending the drill and on 12 October 1982 it was recommended by his chain of command he be transferred to the IRR due to his unsatisfactory participation and unclaimed letters of instruction. g. On 2 November 1982, the applicant was released from the Georgia Army National Guard (GAARNG) and transferred to the U.S. Army Reserve Control Group (Annual Training) under the provisions of AR 135-178 (ARNG and Army Reserve – Separation of Enlisted Personnel), Chapter 7 (Unsatisfactory Performance of Statutory Obligated Member ). h. Item 8d (Character of Service) on the applicant’s available National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) is blank. i. Orders Number D-05-902645 issued by the U.S Army Reserve Personnel Center, dated 21 May 1984, show he was discharged from the U.S. Army Ready Reserve with an under other than honorable conditions discharge on 21 May 1984. 5. On 21 November 1996, the Army Discharge Review Board (ADRB) reviewed the applicant's discharge processing, but found it proper and equitable. The ADRB denied his request for an upgrade of his discharge. 6. By regulation AR 135-91 states an Enlisted members who are statutorily or contractually obligated will be charged with unsatisfactory participation when without proper authority they accrue in any 1 year period a total of nine or more unexcused absences from scheduled training assemblies, fail to obtain a unit of assignment during a leave of absence, or fail to attend or complete AT. Statutorily obligated enlisted members who are charged with unsatisfactory participation may be transferred to the IRR. 7. The Board should 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 relief is not warranted. 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 of unexcused absences, 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 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 to amend the decision of the ABCMR set forth in Docket Number AR20120021316 on 27 June 2013. 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. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) states ABCMR members will review all applications that are properly before them to determine the existence of an error. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. AR 135-178, in effect at the time, set forth 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. 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. 3. 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. 4. AR 635-200 (Personnel Separations - Enlisted Personnel) sets forth the basic policy for the separation of enlisted personnel: a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 5. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014656 5 1