ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 April 2019 DOCKET NUMBER: AR20190000330 APPLICANT REQUESTS: In effect, an upgrade of his U.S. Army Reserve (USAR) discharge, from an under other than honorable conditions (UOTHC) discharge to an honorable discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 June 1981 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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 is trying to get a service photo identification (ID) card but the Department of Veterans Affairs (VA) said he didn’t have enough time in service. He believes he had enough time to have his discharge upgraded. 3. The applicant enlisted in the USAR on 19 January 1981. He entered active duty on 31 March 1981 for the purpose of completing his initial active duty for training. Upon his completion of military occupational specialty (MOS) training, he was awarded an MOS and was released from active duty on 30 June 1981 to the control of the USAR. 4. The applicant’s record contains a checklist for unsatisfactory participation covering the period 7 November 1981 to 17 January 1982, which shows he accumulated nine unexcused absences over the following periods: 7-8 November 1981 (4); 5 to 6 December 1981 (4); and 16 January 1982 (1). 5. A letter from the Commander, Company C, 245th Engineering Battalion, Lafayette, LA, dated 16 February 1982, shows the applicant was charged with nine unexcused absences within a 1-year period. He was declared an unsatisfactory participant and separation action was initiated against him under the provisions of Army Regulation 135-178 (Army National Guard and Army Reserve – Enlisted Administrative Separations). The unexcused absence and notification of intent to separate memoranda were returned to sender, as the addressee was unknown. 6. Orders 23-16, issued by Headquarters, 420th Engineer Brigade, Bryan, TX, on 8 July 1982, reassigned the applicant effective 8 July 1982, from Company C, 245th Engineering Battalion to the USAR Control Group (Annual Training) [Individual Ready Reserve], by reason of unsatisfactory participation. 7. Orders Number D-01-904693, issued by U.S. Army Reserve Personnel Center (ARPERCEN) on 20 January 1987, discharged the applicant from the USAR effective 20 January 1987. His service was characterized as UOTHC. 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 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement Procedures) provides guidance governing absences from Ready Reserve training for enlisted personnel. a. A Soldier becomes an unsatisfactory participant when he has accrued nine or more unexcused absences from scheduled drills during a 1-year period. b. After accruing four unexcused absences in a 1-year period, the unit commander is required to notify the Soldier via a prescribed letter of instructions – unexcused absence. The delivery of this notice will be either in person or by certified mail, restricted delivery, return receipt requested. After each additional unexcused absence in a 1-year period, the Solder will receive a similar letter of instructions. Each of these notices will be filed in the Soldier’s military personnel records. 3. Army Regulation 135-178 sets forth the basic authority for the separation of enlisted Reserve Component personnel. a. Paragraph 2-9a provides that an honorable characterization of service 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 any other characterization would be clearly inappropriate. b. Paragraph 2-9b provides that a general (under honorable conditions) characterization of service is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record. c. Paragraph 2-9c provides that service may be characterized as UOTHC when discharge is for misconduct, fraudulent entry, unsatisfactory participation, or security reasons. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000330 4 1