IN THE CASE OF: BOARD DATE: 2 July 2020 DOCKET NUMBER: AR20190015471 APPLICANT REQUESTS: Her characterization of service to be changed from dropped from the rolls to under honorable conditions (general). 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) 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 the current discharge is improper because the characterization is false and her fear in staying could have violated laws and ethics. She was properly counseled by her superiors and chain of command when she approached them with her concerns. Her health was in concern every day and the outcome of that concern was to allow her to "expire" her service time based on what she was told by her service liaison officer. She "had no knowledge of this document or it's sources." 3. The applicant enlisted in the U. S. Army Reserve (USAR) on 24 April 1986. 4. A memorandum from Headquarters, 330th Medical Detachment, dated 18 September 1986, provides an accounting of actions taken between 3 July 1986 and 18 September 1986 as follows: * contact was made with the Military Entrance Processing Station (MEPS), Syracuse, NY on 11 September 1986 * Sergeant First Class B stated that the applicant reported to the MEPS on 3 July 1986, at which time she refused to ship to Basic Training in violation of MEPS Orders 82-010, dated 24 April 1986 * she was placed in an absence without leave (AWOL) status at that time * the applicant's recruiter was contacted on 18 September 1986; the recruiter stated he received a call from the applicant's mother who said the applicant did not ship because it would interfere with her schooling and she was now planning on getting married * the recruiter indicated he did not get to speak to the applicant directly, only to her mother * the recruiter stated that at the time of the enlistment, the applicant and her mother were aware that she would be approximately two weeks late for the start of school and the school's guidance counselor approved the delay * the recruiter advised the applicant to write a letter explaining the reasons for her "No Show" * based on the above, Headquarters, 330th Medical Detachment concluded that there were no extenuating circumstances that would have prevented the applicant from reporting to the MEPS or basic training 5. The record is void of any indication the applicant submitted an explanation for her "No Show" status or that she had any further contact with any Army personnel prior to her discharge. 6. An AWOL letter, dated 24 April 1987, was sent to applicant's father notifying him of the applicant's AWOL status and the possible consequences of that absence. It was requested that he encourage her to return to military control. 7. Two DA Forms 4187 (Personnel Action) were completed by the company commander for Company A, 39th Adjutant General Battalion (Reception), both dated 27 April 1987. The forms show the applicant's duty status was changed as follows: * from attached to assigned - not joined – AWOL, effective 3 July 1986 * from AWOL to dropped from the rolls (DFR), effective2 August 1986 8. Court-martial charges were preferred against the applicant on 27 April 1987 for violation of the Uniform Code of Military Justice (UCMJ). The relevant DD Form 458 (Charge Sheet) shows she was charged with being AWOL from on or about 3 July 1986 until on or about (no date recorded) [applicant was in absentia]. The charge sheet is shown to have been received by the summary court-martial authority for the Headquarters, Army Training Brigade, Fort McClellan on 1 October 1987. The remainder of the form is blank. 9. Orders 53-2, issued by the U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison on 16 November 1987, directed that the applicant be dropped from the rolls of the Army, effective 16 November 1987, in accordance with Army Regulation 630-10 (Absence Without Leave, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings). Her service component is shown as the USAR (Ready Reserve). 10. The applicant was ordered to active duty for training (ADT) effective 3 July 1986. The evidence indicates she showed up for processing but refused to be processed and report for basic training in accordance with the terms of her enlistment agreement and referenced MEPS orders. The required separation documents were prepared nine months later, wherein she was dropped from the rolls as an absentee in desertion. Orders were issues separating her from the USAR 16 months after her refusal to report for training. Her characterization of service was properly designated as dropped from the rolls. Her USAR discharge orders are available for review 11. The applicant has not provided and the record does not contain any evidence of any health issue, or that she returned to military control at any point. 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 statements, her failure to ship to training (assigned – not joined), the responses from her parents and the reason for her separation. The Board found insufficient evidence of mitigating factors to overcome her misconduct. The applicant provide no medical evidence in support of claim or other evidence in support of clemency. Based on a preponderance of evidence, the Board determined that the orders dropping the applicant from the rolls of the Army 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 :XXX :XXX :XXX 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 135-178 (Enlisted Administrative Separations) sets forth the basic authority for the separation of USAR enlisted personnel. It states: a. When a Soldier is absent without leave their case may be processed in their absence; b. The following are the authorized types of characterization: (1) Separation with a characterization of service as: (a) Honorable: An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’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) General (under honorable conditions): A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued (c) Under Other Than Honorable Conditions. An under other than honorable conditions separation is authorized for misconduct, fraudulent entry, unsatisfactory participation, when the reason for discharge is based upon a pattern of behavior, one or more acts or omissions that constitutes a significant departure from the conduct expected of Soldiers, or for security reasons. (2) Entry-Level status. Enlisted service in the Regular Army, ARNG, or USAR will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status, undergoing initial enlisted training, and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous active duty or initial active duty for training or no more than 90 days of Phase II under a split or alternate training option.. (3) Ordered released from the custody and control of the Army by reason of void enlistment or induction. A Soldier will not receive a discharge, a characterization of service at separation, or an uncharacterized description of service, if the enlistment is void. (4) Separation by being dropped from the rolls of the Army. A Soldier may be dropped from the rolls of the Army when such action is authorized and a characterization of service or other description of separation is not authorized or warranted. c. Characterization of service will be determined solely by the Soldier's military record which includes the Soldier's behavior and performance of duty during the current enlistment or period of service to which the separation pertains. 4. Army Regulation 635-5 (Separation Documents), then in effect, provided that the DD Form 214 is not prepared for members of the Army National Guard of the U.S. and USAR on active duty for training (ADT) who are dropped from the rolls of the Army because of absence without leave. 5. Army Regulation 630-10 provides the policies and procedures for reporting unauthorized absentees and deserters, the administering of AWOL personnel and deserters, and returning absentees and deserters to military control. a. Paragraph 3–1 provides the DFR procedures and requires the unit commander to complete a DA Form 4187, reporting the Soldier’s change of duty status as changed from AWOL to DFR; complete a DD Form 553 listing the suspected reasons for the absence and any information on pending investigations, Article 15, or Uniform Code of Military Justice (UCMJ) actions at the time the Soldier’s absence is recorded; and file court–martial charges on a DD Form 458. b. Paragraph 4-6 states USAR personnel who were ordered to active duty will be dropped from the rolls as deserters when the Soldier has exhibited a clear intent to remain away from their unit, organization or place of duty permanently without regard to the length of absence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont.) AR20190015471 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190015471 5 ABCMR Record of Proceedings (cont) AR20190015471 4