ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 February 2020

	DOCKET NUMBER:  AR20180001030


APPLICANT REQUESTS: Correction of his record to show:

*	removal of unsatisfactory 
participation
*	reinstatement of Montgomery 
GI Bill benefits

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Permanent Orders (PO) Number 13-053-00150, dated 22 February 2013
*	Honorable Discharge Certificate, dated 22 February 2013
*	Department of Veterans Affairs termination letter, dated 9 November 2017

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.  The applicant states he applied for education benefits, and was informed by the VA, 
the Department of Defense (DOD) showed he was separated from the Army Reserve 
on October 17, 2012 as an unsatisfactory participant.  He would like to dispute his 
record of unsatisfactory participation and would also like to access his educational 
benefits.  He stated his previous unit was decommissioned through a reorganization.  
This left him with no way of getting any records or establish contact.  He attached his 
Honorable Discharge Certificate and attendance/points record.  

3.  A review of the applicant’s official records show:

	a.  24 January 2004 - the applicant enlisted in the Army Reserve as a Private (PVT)/ 
E-1 for a period of 8 years and 00 weeks.

b.	he signed a DA Form 5435 (Statement of Understanding – the Montgomery GI 
Bill Selected Reserve) which shows:

*	Contract to serve at least 6 years in the Selected Reserve by enlisting, 
reenlisting or extending an enlistment or reenlistment in the Army National 
Guard

*	Complete or have completed, initial active duty for training or the 
equivalent which is required for all accessions 

*	Not be an unsatisfactory participant

c.	The applicant’s record is void of documentation reflecting he was an 
unsatisfactory participant in 2012 or prior.

d.	 23 October 2014 - appointed as a Reserve Commissioned Officer of the Army 
Under Title 10, USC 12201 and 12203 as a Second Lieutenant (2LT)/ O-1 as a Medical 
Services Officer. 

	e.  4 November 2016 - the applicant attended Basic Officer Course and was 
released from active duty training per his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) 

      f.  25 November 2017 – received referred Officer Evaluation Report (OER) which 
states he failed his second consecutive record APFT due to the 2 mile run event.

     g.  The applicant’s record is void of documents beyond the 2017 OER.

5.  The applicant provides:

a.	Permanent Orders (PO) Number 13-053-00150, dated 22 February 2013
reflecting he was discharged from the Army Reserve as a Specialist (SPC)/ E-4.

b.	Honorable Discharge Certificate, dated 22 February 2013 reflecting he was 
discharged from the United States Army.

c.	Department of Veterans Affairs termination letter, dated 9 November 2017 stating 
his educational benefits were terminated because he was separated as an 
unsatisfactory participant from the Army Reserve on 17 October 2012.

6.  See references below.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, his USAR enlistment, the date of his discharge from the Army Reserve, his 
appointment as a Reserve Commissioned Officer and the Department of Veterans 
Affairs termination letter regarding his education benefits.  The Board found no further 
records regarding his USAR service prior to 2012 or a copy of the document cited by 
the VA regarding unsatisfactory participation and the applicant provided neither.  Based 
on a preponderance of evidence, the Board was unable to determine a record to correct 
in accordance with the applicant’s request. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



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 135-7 (Incentive Programs) 

      a.  Chapter 3 Paragraph 7 (Termination) says educational assistance entitlement 
will stop if the soldier becomes an unsatisfactory participant per AR 135-91. The 
termination date entered into personnel data reporting systems must be the date the 
soldier attained his or her 9th unexcused absence (AR 135-91, para 4-lla), or the date 
the soldier is determined to be an unsatisfactory participant for failing to attend or 
complete the entire period of annual training (AT) (AR 135-91, para 4-13).

      b.  Chapter 8 Paragraph 3. (Eligibility)  states all Selected Reserve soldiers will 
complete a DA Form 5435-R (Statement of Understanding, Selected Reserve 
Educational Assistance Program).  The DA Form 5435-R explains eligibility 
requirements for entitlement under the Montgomery GI Bill.  It is designed to ensure that 
the soldier's understanding of the Montgomery GI Bill is a matter of record.  A copy of 
the completed DA Form 5435-R will be filed in the soldier's official military personnel file 
(OMPF).  He must continue to satisfactorily participate in the Selected Reserve, and be 
a high school diploma graduate or equivalent.  He must not have received a 
baccalaureate degree, or equivalent, or completed a course of instruction required for 
award of same. (See para 8-3.1.)  As an officer who, after meeting the above required 
criteria, agrees to serve in the Selected Reserve for 6 years in addition to any other 
Selected Reserve obligation. The officer or warrant officer must complete                     
DA Form 5447-R (Officer Service Agreement). 

3.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation
Requirements, and Enforcement Procedures) 

      a. Section III (Unexcused Absences)  Chapter 4-12 (Conditions of unexcused 
absence)

1)	a.  Chapter 6 (Enforcement Procedures) sets policy to follow when ARNGUS
or USAR Soldiers fail to participate satisfactorily in required Reserve training.  

*	Chapter 6, paragraph 2 (Unsatisfactory participation enforcement procedures) 
states when it has been determined that an ARNGUS or USAR officer or 
enlisted soldier is an unsatisfactory participant per chapter 4, the immediate 
commander will initiate proceedings that result in the reassignment, transfer, 
or separation of the unsatisfactory participant.  When the unsatisfactory 
participant is an officer assigned to an ARNGUS or USAR unit or an IMA duty 
position, except for USAR officers who were ROTC scholarship recipients and 
the commander determines the officer has no potential for useful service 
under mobilization, the officer will be processed for discharge per                 
AR 135-175, paragraph 2-12i.
      
4.  Army Regulation 135-175 (Separation of Officers) Section II (Reasons Which 
Require Involuntary Separation) Chapter 2 paragraph 11 states retention of officers 
substandard in performance of duty or conduct, deficient in character, or otherwise 
unsuited for military service cannot be justified in time of peace or war. The same 
standards of efficiency and conduct apply to all officers, regardless of component. 
Chapter 2, paragraph 12 (Substandard Performance of Duty) states when no medical 
problems exist, and an officer has two consecutive failures of the Army Physical Fitness 
Test (APFT), separation action will be initiated.

5.  Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted 
Administrative Separations) Chapter 13 (Unsatisfactory Participation in the Ready 
Reserve)

	a.  Chapter 13 (Basis) paragraph 1 states a Soldier is subject to discharge for 
unsatisfactory participation when it is determined that the Soldier is unqualified for 
further military service because: he/she is an unsatisfactory participant as prescribed by 
AR 135-91, chapter 4

	b.  Chapter 13,(Characterization of Service) paragraph 3  

1)	states characterization of service normally will be Under Other Than 
Honorable Conditions, but characterization as General (under honorable 
conditions) may be warranted under the guidelines in chapter 2, section III

2)	For Soldiers who have completed entry level status, characterization of 
service as Honorable is not authorized unless the Soldier's record is 
otherwise so meritorious that any other characterization clearly would be 
inappropriate. 

3)	Separation for unsatisfactory participation with an Honorable characterization 
will be approved by the separation authority (para 1-10) when an 
administrative separation board has recommended such characterization.


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 				AR20180001030


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