IN THE CASE OF: BOARD DATE: 10 February 2021 DOCKET NUMBER: AR20210005252 APPLICANT REQUESTS: The applicant requests his general discharge under honorable conditions, issued by the California National Guard (CAARNG) on 26 February 1992, be upgraded to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two U.S. Army Reserve Personnel Center (ARPERCEN) Orders * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 256A (Honorable Discharge Certificate) * National Guard Bureau (NGB) Form 56a (General Discharge Certificate) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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 would like his general discharge under honorable conditions discharge upgraded in light of the fact he later received an honorable character of service from the U.S. Army Reserve (USAR). The applicant argues the CAARNG only gave him a general discharge because he missed a few drills due to medical appointments. 3. The applicant CAARNG service records are not available for review, however, the applicant's online personnel record (available in U.S. Army Human Resources Command (HRC)'s Soldier Management System (SMS)) includes the following two relevant documents: a. DD Form 214, showing the applicant entered initial active duty for training on 25 May 1984 and was honorably released from active duty on 28 September 1984; the applicant subsequently returned to his CAARNG unit. b. NGB Form 22 (Report of Separation and Record of Service) indicating, on 22 May 1984, the applicant enlisted into the CAARNG; on 26 February 1992, the CAARNG separated the applicant with a general discharge under honorable conditions due to unsatisfactory participation. The NGB Form 22 additionally shows the applicant completed 7 years, 9 months, and 5 days of service with the CAARNG and was awarded the Army Service Ribbon and a State award. 4. The applicant requests the upgrade of his 1992 CAARNG general discharge under honorable conditions because, on 20 August 2002, the USAR issued him an honorable discharge. a. During the applicant's era of service, ARNG commanders could separate Soldiers the commander had determined were unsatisfactory participants, per paragraph 8-27g (State ARNG Discharge – Unsatisfactory Participation), National Guard Regulation 600-200 (Enlisted Personnel Management). Because the applicant's separation packet is not available for review, we are unable to determine the specific circumstance(s) that led to his discharge. However, in view of the fact his service record contains his NGB Form 22, showing both the reason and authority for his separation, the Board presumes the applicant's leadership properly completed his discharge action. Nonetheless, the absence of his separation packet does represent an administrative irregularity. b. In reaching its determination, the Board can consider the applicant’s petition, his arguments, and his available service record in accordance with the published equity, injustice, or clemency guidance. 5. The applicant provides a copy of orders showing the USAR honorably discharged him, effective 20 August 2002. The character of service reflected on these orders is exclusively applicable to the USAR Control Group (Reinforcement) and does not include his CAARNG service (performed from 22 May 1984 until 26 February 1992). BOARD DISCUSSION: After reviewing the application and all the supporting documents, the Board found that relief was not warranted. 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 record of service, the frequency and the reason for his separation. The Board determined that the burden of proof lies with the applicant; however, he did not provide any supporting documentation and his service record is void of circumstance(s) that led to his discharge or evidence to support he attended his required drills. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. National Guard Regulation 600-200 (Enlisted Personnel Management), in effect at the time, stated: a. Paragraph 8-7a (Honorable Discharge). An honorable discharge was issued to ARNG Soldiers who had been discharged with honor. b. Paragraph 8-27g (State ARNG Discharge – Unsatisfactory Participation). ARNG Soldiers who failed to meet participation requirements, outlined in AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) could be separated as unsatisfactory participants. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. It states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The ABCMR is not an investigative body and decides cases based on the evidence presented in the military records provided and the independent evidence submitted with the application. 4. 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 on the basis of 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005252 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20210005252 4 ABCMR Record of Proceedings (cont) AR20210005252 3