BOARD DATE:  10 February 2020

DOCKET NUMBER:  AR20190012586


APPLICANT REQUESTS:  His under honorable conditions (general) discharge be 
upgraded to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States), dated 8 May 2019
*	DD Form 257A (General Discharge Certificate), dated 30 April 1969

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 there were no incidents that occurred during his period of U.S. 
Army Reserve (USAR) service that could have prevented him from receiving an 
honorable discharge.

3.  The applicant enlisted in the Army National Guard (ARNG) and served on active duty 
for training from 22 July 1961 through 17 August 1962.  He was separated from the 
ARNG and transferred to the USAR on 19 December 1962.  The reason for his USAR 
transfer and a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation 
and Record of Service) are not of record.

4.  The available record contains no record of his USAR service except his separation 
orders effective 30 April 1969.

5.  Letter Orders – E, issued by the Office of the Adjutant General, U.S. Army 
Administration Center, St. Louis, Missouri on 30 April 1969, discharged the applicant 
from the USAR Control Group (Standby) with a general discharge.  The reason for 
discharge is listed as expiration of term of service (ETS) and the authority for discharge 
is listed as Army Regulation 135-178 (Army National Guard and Reserve – Enlisted 
Administrative Separations), paragraph 3-9.  [Paragraph 3-9 at that time was a generic 
provision stating only that a Soldier would be discharged upon completion of their period 
of obligated service].

6.  Current Department of Defense (DoD) policies provide that changes to regulations 
that provide a substantial enhancement of a Soldier’s rights should be applied when 
appropriate.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and published DoD guidance for consideration of discharge 
upgrade requests.  The Board considered the applicant’s statement, his available record 
of service and the character of service and reason on his separation orders.  The Board 
found insufficient evidence to support a change to the separation orders and the 
applicant provided none in addition to his statement.  Based on a preponderance of 
evidence, the Board determined that the character of service the applicant received 
upon separation was not in error or unjust.

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.  DoD Directive 1332.28 (Discharge Review Board (DRB) Procedures and Standards) 
provides that a discharge shall be considered inequitable when the policies and 
procedures currently in effect provide a substantial enhancement of an individual’s 
rights.

3.  Army Regulation 135-178, Chapter 3, prescribes the authority, conditions, and 
procedures governing the discharge of enlisted members of the USAR.  

	a.  Paragraph 3-3, as then in effect, provides that:

		(1)  An honorable discharge is a separation from the U.S. Army with honor.  The 
issuance of an honorable discharge is conditional 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.

		(2)  A general discharge is a separation from the U.S. Army under honorable 
conditions of an enlisted member whose military record is not sufficiently meritorious to 
warrant an honorable discharge.

	b.  Paragraph 3-9, as then in effect, provides that upon expiration of term of 
enlistment or period of obligated service, the enlisted member will be discharged.

	c.  Paragraph 3-9, of the current regulation, provides for actions by an intermediate 
commanders to disapprove the separation proceedings recommendation and direct 
reassignment of the Soldier to another organization, if applicable, or direct disposition 
by other means. 

	d.  Paragraph 4–5, of the current regulation, provides that the service of a Soldier 
being discharged on expiration of the term of an enlistment, reenlistment, or on 
fulfillment of a statutory military service obligation will be characterized as honorable.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190012586


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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ABCMR Record of Proceedings (cont)	 AR20190012586


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ABCMR Record of Proceedings (cont)	AR20190012586


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