ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 August 2019 DOCKET NUMBER: AR20180009731 APPLICANT REQUESTS: upgrade his under other than honorable conditions discharge to an honorable conditions discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) * NGB 22 (Report of Separation and Record of Service) * U.S. Army Reserve Personnel Center Order D-05-902357 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 that he never missed monthly weekends or 2 weeks during the summer. He was never reprimanded. He does not understand why he was discharged with an under other than honorable characterization of service. 3. A review of the applicant’s service records shows: a. He enlisted in the Illinois Army National Guard of the United States (ILARNG) on 10 May 1978. b. He entered active duty for training on 27 August 1978 to attend Basic Combat Training and Advanced Individual Training. c. He was released from active duty for training on 18 January 1979 with an honorable characterization of service under the provisions of paragraph 5-15 (Reserve Component personnel ordered to Individual Active Duty for Training under Reserve Enlistment Program), Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel). His DD Form 214 (Report of Separation From Active Duty) shows that he completed 4 months and 22 days of active service. d. He was separated from the ILARNG and reassigned to the U.S. Army Reserve (USAR) Personnel Center (Individual Ready Reserve) on 26 April 1982. He received an under other than honorable characterization of service under provisions of paragraph 6-35j (Unsatisfactory Participation), National Guard Regulation (NGR) 600- 200 (Enlisted Personnel Management). His National Guard Bureau (NGB) Form 22 shows he completed 4 years, 1 month and 18 days of service. NGB Form 22-1 (Report of Separation and Record of Service) narrative reason for separation reflected as continuous absences. e. Order Number D-05-902357 dated 7 May 1984 issued by USAR Personnel Center, discharged the applicant under provisions of AR 135-178 (Separation of Enlisted Personnel) with an under other than honorable conditions characterization of service on 26 April 1982. 4. The applicant’s record is absent evidence showing his Reserve Component participation record. 5. There is no evidence the applicant applied to the ADRB within its 15-year statute. 6. By regulation, Army Regulation (AR) 135-178 (Separation of Enlisted Personnel), prescribes the policies, criteria and procedures which apply to separation of enlisted members of the ARNGUS and the USAR. 7. By regulation, National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the Army National Guard (ARNG) and the Army National Guard of the United States (ARNGUS) enlisted Soldiers. 8. 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 reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon the documentary evidence showing that the applicant was separated for unsatisfactory participation and the burden to show that didn’t occur is upon the applicant, the Board concluded there is insufficient evidence to show that a change to the characterization of service is warranted. The Board did recommend that the applicant receive statements from leaders or other Soldiers within his unit who may corroborate his statements that he participated at all unit drills or provide other evidence showing he participated. 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: 1. 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. 2. The Board did note the administrative note below from the analyst of record and recommended that change be completed to more accurately depict the applicant’s military service. 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): A review of the applicant’s records shows his NGB Form 22 omitted administrative entries in block 8b (Authority and Reason). As a result, amend the NGB Form 22 by adding in item 8b the entry “NBR 600-200, chapter 6-35j unsatisfactory participation” and the entry in block 9 (Reenlistment Eligibility) by deleting NA and adding RE 3. 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) 135-178 (Separation of Enlisted Personnel), prescribes the policies, criteria and procedures which apply to separation of enlisted members of the Army National Guard of the United States (ARNGUS) and the United States Army Reserve (USAR). a. Paragraph 3-3b (Under Honorable Conditions) (1) (Honorable Discharge), states an honorable discharge is a separation from the United States Army with honor. The issuance of an honorable discharge is conditioned upon proper military behavior and proficient and industrious performance of duty, giving due regard to the grade held and the capabilities of the member concerned. b. Paragraph 3-3b (2) (General Discharge), states a general discharge is a separation from the United States Army under honorable conditions of an enlisted member whose military records is not sufficiently meritorious to warrant an honorable discharge. 3. National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the Army National Guard (ARNG) and the Army National Guard of the United States (ARNGUS) enlisted Soldiers. a. Paragraph 6-8a (Honorable), states an honorable characterization is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that nay other characterization would be clearly inappropriate. b. Paragraph 6-8b (General under Honorable Conditions), states if a Soldier’s service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions. Characterization of service as general under honorable conditions is warranted when significant negative aspect of the Soldier’s conduct or performance of duty outweighs positive aspects of the Soldier’s military record. c. Paragraph 6-8c (Under Other Than Honorable Conditions), states service may but is not required to be characterized as under other than honorable conditions only when discharge is for misconduct, fraudulent entry, homosexual conduct, unsatisfactory participation, or security reasons. The Adjutant General will direct reduction in grade to private (PVT)/E-1 when the Soldier is discharged under other than honorable conditions. 4. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) in effect at the time sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-15 (Reserve Component Personnel Ordered to Individual Active Duty (IADT) for Training under Reserve Enlistment Program) states commanders of training installations are authorized to release reserve component personnel orders to IADT upon completion of military occupational specialty training when training is completed prior to the period of time specified in IADT orders provided a minimum period of 12 weeks IADT has been completed. 5. Army Regulation 15-180 (Army Discharge Review Board), in effect at the time. The scope of the inquiry of the board will be to determine whether the discharge received was equitably and properly given. When the board determines in an individual case that the discharge was not equitable and properly given, it is authorized in the manner herein prescribed to direct The Adjutant General to take appropriate actions. No application for review will be granted unless received by the Department of the Army within 15 years after the date of the discharge or dismissal. 6. 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. ABCMR Record of Proceedings (cont) AR20180009731 2 1