ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  19 June 2019

	DOCKET NUMBER:  AR20180003094


APPLICANT REQUESTS:  upgrade of his general, under honorable conditions 
discharge to honorable. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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 to change his general discharge to honorable.

3.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the U.S. Army Reserve (USAR) on 25 May 1978.  He reenlisted in 
the USAR on 16 January 1992 for a period of six years.

	b.  Orders A-00-020421, dated 28 August 1991, ordered him to active duty in 
support of Operation Desert Storm/Shield with a report date of 2 September 1991.

	c.  Orders 170-802, dated 31 August 1992, released him from active duty effective 
4 September 1992 later amended to 30 September 1992.

	d.  Between November 1992 and July 1993, the applicant was absent from 
scheduled unit training assembly (UTA) or multiple unit training assemblies (MUTAs).

	e.  On the following dates by certified/registered mail, the applicant's immediate 
commander notified him that he was absent from the scheduled UTA or MUTA for the 
scheduled periods.  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.

*	13 November 1991	(1)	Returned to sender
*	1-2 May 1993		(5)	Signed for by Ju__a Br__s on 24 May 1993
*	17-18 July 1993		(9)	Signed for by Da__ Bu__ on 13 August 1993

	f.  On 7 June 1995, the 420th Engineer Brigade, Bryan, TX, published Orders 25-01, 
discharging him from the USAR, effective 30 June 1995, as an unsatisfactory 
participant, and characterizing his service as General (Under Honorable Conditions) in 
accordance with Army Regulation (AR) 135-178 (Army National Guard and Army 
Reserve Separation of Enlisted Personnel).  

4.  By regulation (AR 135-178), the Army 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 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.  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.

5.  AR 135-178 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.

6.  AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, 
and Enforcement Procedures) governs service obligations of members of the Reserve 
Components.  It 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.



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

: :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 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 (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 1 year period.

3.  AR 135-178 (Army National Guard and Army Reserve Separation of Enlisted 
Personnel) 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 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.  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.  AR 135-178 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.

ABCMR Record of Proceedings (cont)	 AR20180003094

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