IN THE CASE OF: 

		BOARD DATE: 13 December 2023

		DOCKET NUMBER: AR20230005355


APPLICANT REQUESTS:

*	correct of his rank/grade at time of separation to show specialist (SPC)/E-4
*	in effect, remission/cancellation of debt
*	in effect, upgrade of his discharge from General, Under Honorable Conditions to 
an Honorable discharge

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
Service)
*	Orders Number 16-007-0069 Discharge Orders

FACTS:

1.  The applicant did not file within the 3-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, in his two applications, in effect:

	a.  His rank is wrong, at the time of his separation; he was a SPC/E-4. His bonus is 
also being recouped from him. He has been placed in debt for some reason that he is 
unaware of because he completed both of his contracts. The debt he has is a 
government debt. 

	b.  On the DD Form 293 he indicates he has Post-Traumatic Stress Disorder (PTSD) 
and other mental health issues. He states, he never questioned his rank or type of 
discharge because of his mental health issues and the stress of harassment he 
received from his unit officers and noncommissioned officers. He pretty much wanted to 
be done with his military service. He was injured and struggling mentally, and he was 
never given a reason for his under honorable conditions (general) discharge. 

3.  The applicant, in effect, requests cancellation or remission of a debt, however, he 
does not provide proof of a valid debt levied against him by the Defense Finance and 
Accounting Service. The Board will not consider that portion of his request. The Board 
will consider his request to upgrade his characterization of service and his rank at the 
time of discharge.

4.  The applicant's service record contains the following documents:

	a.  DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States), dated 18 April 2002, shows the applicant, in the rank/grade of private first class 
(PFC)/E-3, enlisted in the Army National Guard (ARNG) for a period of 8 years. In 
conjunction with this enlistment NGB Form 600-7-1-R-E (Annex E to DD Form 4 
Enlistment Bonus Addendum ARNG of the U.S.) was completed showing the applicant 
enlisted for a bonus in the amount of $6,000.00 in Military Occupational Specialty 
(MOS) 19K (Armor Crewman). He would receive the first payment of 30 percent less 
taxes after the completion of Initial Active Duty for Training (IADT), the second 20 
percent would be paid on the 3rd anniversary of his enlistment, the third 20 percent on 
the 4th anniversary, and the fourth 30 percent on his 5th anniversary. His bonus would 
be terminated with recoupment if he became an unsatisfactory participant and 
accumulated 9 unexcused absences withing a 12-month period effective on the date of 
the 9th unexcused absence. 

	b.  DD Form 214, shows the applicant entered active duty, as a member of the 
ARNG, on 19 June 2002 and was honorably transferred to his ARNG unit on 
11 October 2002 after completion of IADT and awarded MOS 19K. 

   c.  DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military 
Justice (UCMJ)) dated 26 July 2003 shows the applicant accepted nonjudicial 
punishment, in the rank/grade of PFC/E-3, for forging his commander's signature on or 
about 5 May 2003. His punishment included reduction in rank to private (PV2)/E-2 and 
forfeiture of pay. The applicant did not appeal his punishment. 
   
   d.  DA Form 4187 (Personnel Action), dated 16 August 2003, shows the applicant 
was reduced in rank to PV2/E-2, effective 16 August 2003, due to Article 
15/misconduct.

	e.  OTAGNC Forms 135-1 (Letter of Instructions - Unexcused Absence) with 
certified mail receipts, dated:

*	4 December 2005, unexcused 3-4 December 2005
*	5 February 2006, unexcused 4-5 February 2006
*	5 March 2006, unexcused 4-5 March 2006

	f.  The applicant's promotion to the rank/grade of SPC/E-4 in the ARNG is not 
available for the Board's review. Orders Number 1-4, published by Company F, 230th 
Brigade Support Battalion, North Carolina ARNG, dated 11 March 2006 reduced the 
applicant from SPC/E-4 to PFC/E-3 for inefficiency, effective 11 March 2006 with a date 
of rank of 16 August 2002. 

	g.  OTAGNC Form 135-1 (Letter of Instructions - Unexcused Absence) with certified 
mail receipts, dated 7 April 2006, shows the applicant was unexcused 1-2 April 2006.

	h.  OTAGNC Form 135-2 (Request for Discharge of Unsatisfactory Participant), 
dated 28 July 2006, shows the applicant had been declared an unsatisfactory 
participant for accruing nine or more unexcused absences within a one-year period. 
Appropriate counseling actions had been taken or attempted and the applicant had 
been properly notified of his unexcused absences for the following periods 
3-4 December 2005, 4 periods; 4-5 February 2006, 4 periods; 4-5 March 2006, 4 
periods; and 1-2 April 2006, 4 periods. The commander recommended an under 
honorable conditions (general) discharge. The unit had tried to contact the applicant and 
tried to locate him. The applicant had moved without leaving a forwarding address or 
telephone number. 

	i.  OTAGNC Forms 135-1 (Letter of Instruction - Unexcused Absence) with certified 
mail receipts, dated:

*	15 September 2006, unexcused 9-10 September 2006
*	18 October 2006, unexcused absence 13-15 October 2006

	j.  OTAGNC Form 135-2 (Request for Discharge of Unsatisfactory Participant), dated 
19 January 2007, shows the applicant had been declared an unsatisfactory participant 
for accruing nine or more unexcused absences within a one-year period. Appropriate 
counseling actions had been taken or attempted and the applicant had been properly 
notified of his unexcused absences for the following periods 4-5 February 2006, 4 
periods; 9-10 September 2006, 4 periods; and 13-15 October 2006, 4 periods. The 
commander recommended an under honorable conditions (general) discharge. The unit 
had tried to contact the applicant and tried to locate him. The applicant had moved 
without leaving a forwarding address or telephone number. 

	k.  NGB Form 22, shows the applicant entered the ARNG on 18 April 2002 and was 
transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement), in the 
rank of PV2 on 1 February 2007. He had completed 4 years, 9 months, and 14 days of 
net service this period. He was separated due to continuous and willful absence and 
was issued an under honorable conditions (general) discharge with a reenlistment code 
of RE-3. 

	l.  Orders Number C-10-728793, published by the U.S. Army Human Resources 
Command (AHRC), dated 18 October 2007 voluntarily transferred the applicant, in the 
rank of PV2, from the USAR Control Group (Reinforcement) into a Troop Program Unit 
(TPU), effective 18 October 2007.

	m.  Orders Number 08-022-00044, published by Headquarters, 143d Transportation 
Command, dated 22 January 2008, transferred the applicant, in the rank of PV2, to the 
USAR Control Group (Reinforcement), effective 22 January 2008 for USAR TPU no 
show from a USAR non-unit category. 

	n.  Orders Number C-04-806149, published by AHRC, dated 2 April 2008, voluntarily 
transferred the applicant, in the rank of PV2, from the USAR Control Group 
(Reinforcement) into a TPU, effective 31 March 2008.

	o.  The applicant's promotion orders to PFC/E-3 and SPC/E-4 were not available for 
the Board's consideration. DA Form 4187 dated 20 May 2013 reduced the applicant to 
PFC/E-3 due to unsatisfactory performance and inefficiency in the USAR, effective 
20 May 2013 with a date of rank of 20 May 2013. 

	p.  DA Form 4187, dated 21 September 2013, promoted the applicant to SPC/E-4, 
effective 22 September 2013 with a date of rank of 22 September 2013. 

	q.  Orders Number 16-007-00069, published by Headquarters, 81st Regional 
Support Command, dated 7 January 2016 discharged the applicant, in the rank of 
SPC/E-4, from the USAR with an under honorable conditions (general) discharge, 
effective 12 January 2016 for unsatisfactory participation. 

5.  The applicant provides his DD Form 214, which shows he entered active duty for 
training, as a member of the ARNG in the rank/grade of PFC/E-3, on 19 June 2002 and 
was released to his ARNG on 11 October 2002. He had completed 3 months and 23 
days of active-duty service. He was honorably released for completion of required active 
service. 

6.  On 20 June 2023, the Criminal Investigation Division (CID), responded to the Army 
Review Boards Agency's (ARBA) request for sanitized report(s) of investigation and/or 
Military Police Report(s) pertaining to the applicant. CID's search revealed no records 
pertaining to the applicant.

7.  On 5 June 2023, ARBA sent the applicant a letter requesting the applicant's 
separation packet and on 10 June 2023, requesting medical documentation regarding 
the applicant's contention he suffered from PTSD. The applicant did not respond to 
either request.  


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation, and published Department of Defense guidance for liberal and clemency 
determinations requests for upgrade of his characterization of service.  Upon review of 
the applicant’s petition and available military records, the Board determined there is 
insufficient evidence to show the applicant regained his rank of specialist (SPC)/E-4 
after his reduction to PFC/E-3 due to unsatisfactory performance.  Additionally, the 
applicant provided no evidence from DFAS regarding a debt for the Board to consider 
regarding his remission/cancellation. 

2.  The Board noted, the applicant was discharged for unsatisfactory performance and 
was provided an under honorable conditions (General) characterization of service.  The 
Board found the applicant's discharge characterization is warranted as he did not meet 
the standards of acceptable conduct and performance of duty for Army personnel to 
receive an Honorable discharge. Therefore, the Board denied relief.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

xx	xx	xx	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 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.  Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), in effect 
at the time, set forth the basic authority for the separation of enlisted personnel. It 
states, notwithstanding the notification provisions of Army Regulation 135-178 (ARNG 
and Army Reserve Separation of Enlisted Personnel), Soldiers who are unsatisfactory 
participants to be discharged from the State ARNG only, will be given 15 days from the 
date found on the official mail return receipt, or the date they acknowledged receipt if 
hand delivered, to respond to notification of initiation of discharge actions.  

3.  AR 135-178 (ARNG and Army Reserve Separation of Enlisted Personnel), in effect 
at the time, states when the reason for separation requires the Notification Procedure, 
the commander will notify the Soldier in writing that his separation has been 
recommended. The commander will cite specific allegations on which the proposed 
action is based and the specific provisions of the regulation authorizing separation. The 
Soldier would be advised of the least favorable characterization of service he could 
receive.  He would be advised of the following rights:

*	to consult with counsel
*	to submit matters on his own behalf
*	to obtain copies of document that would be sent to the separation authority
*	to present his case before an administrative separation board if he had more 
than 6 years of service
*	to waive his rights

4.  AR 135-91 (Service Obligations, Methods of Fulfilment, Participation Requirements, 
and Enforcement Procedures), defines ARNGUS and USAR service obligations and 
prescribes policy and procedures governing the various types of service obligations and 
participation requirements. Chapter 4 governs absences and provides, in part, that:
 
      a.  The unit commander or acting commander is authorized to excuse absences. 
Any absence not authorized by the approving official is considered unexcused. A 
Soldier is an unsatisfactory participant when nine or more unexcused absences occur 
during a 1-year period. Unless the absence is authorized, a Soldier failing to attend a 
scheduled single or Multiple Unit Training Assembly (MUTA), will be charged with an 
unexcused absence. When the absence involves a MUTA, the charge will be for one 
unexcused absence for each 4-hour period not attended, but not to exceed four 
unexcused absences. 

      b.  Unit commanders will notify Soldiers with unexcused absence(s) by prescribing a 
letter of instructions-unexcused absence [U-Letters]. The first notification commences 
with the fourth unexcused absence and each succeeding unexcused absence up to and 
including the ninth absence in a 12-month period.

      c.  Delivery of the letter will be either in person or by U.S. mail. If mail is used in lieu 
of deliver in person, the first notification will be sent by certified mail, return receipt 
requested and the remaining notification(s) will be sent by first class mail. The notice will 
be mailed during or immediately following the unit training assembly (UTA) or multiple 
unit training assemblies (MUTA) from which absent. Whether notices required are 
delivered in person or sent by U.S. mail, a copy of each notice, and the following will be 
place in the soldier's personnel file.
 
         (1) When the notices are personally delivered, the Soldier's signature will be 
obtained on the file copy as acknowledgment of receipt. 
 
         (2) When certified mail is used, a copy of the notice and either a post office receipt 
confirming delivery or the returned unopened envelope showing the notice was not 
delivered. Mail refused, unclaimed, or otherwise not delivered may not be used as a 
defense against unexcused absences when the notices were correctly addressed.
          
         (3) When first class mail is used, a copy of the notice and the envelope showing 
the notice was sent to the Soldier's most recent mailing address. Also, the individual 
mailing the notice will prepare an "affidavit of service by mail." Mail refused, unclaimed, 
or otherwise not delivered may not be used as a defense against unexcused absences 
when the notices were correctly addressed; and 
     
        (4) The commander's statement showing his or her decision as to whether the 
reason which prevented the Soldier from attending training assembly which resulted in a 
declaration of unsatisfactory participation was valid or any emergency. The facts or 
circumstances on which the decision is based will be included in the statement. 
 
     d.  When it has been determined that an ARNGUS or USAR enlisted Soldier is an 
unsatisfactory participant, the immediate commander will initiate proceedings that result 
in the reassignment, transfer, or separation of the unsatisfactory participant as 
prescribed. 

5.  AR 15-185 (Army Board for Correction of Military Records (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 applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

6.  AR 601-210 (Regular Army and Army Reserve Enlistment Program) in effect at the 
time states in Table 3-1 RE-3 applies to a person who is not considered fully qualified 
for reentry or continuous service at time of separation, but disqualification is waivable. 

7.  On 3 September 2014, the Secretary of Defense directed the Service Discharge 
Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records 
(BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical 
considerations and mitigating factors when taking action on applications from former 
service members administratively discharged under other than honorable conditions 
and who have been diagnosed with PTSD by a competent mental health professional 
representing a civilian healthcare provider in order to determine if it would be 
appropriate to upgrade the characterization of the applicant's service.

8.  On 25 August 2017 the Office of the Undersecretary of Defense for Personnel and 
Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs 
and BCM/NRs when considering requests by Veterans for modification of their 
discharges due in whole or in part to:  mental health conditions, including PTSD; 
traumatic brain injury (TBI); sexual assault; or sexual harassment.  Standards for review 
should rightly consider the unique nature of these cases and afford each veteran a 
reasonable opportunity for relief even if the sexual assault or sexual harassment was 
unreported, or the mental health condition was not diagnosed until years later.  Boards 
are to give liberal consideration to Veterans petitioning for discharge relief when the 
application for relief is based in whole or in part on those conditions or experiences.  
The guidance further describes evidence sources and criteria and requires Boards to 
consider the conditions or experiences presented in evidence as potential mitigation for 
misconduct that led to the discharge.   

9.  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.  

      a.  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.  

      b.  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.

10.  AR 635-200 (Personnel Separations Enlisted Personnel) sets forth the basic 
authority for the separation of enlisted personnel. Chapter 5 establishes policy and 
prescribes procedures for separating members for Secretarial authority convenience of 
the government. Separation under this paragraph is the prerogative of the Secretary of 
the Army. Secretarial plenary separation authority is exercised sparingly and seldom 
delegated. Ordinarily, it is used when no other provision of this regulation applies, and 
early separation is clearly in the best interest of the Army. Separations under this 
paragraph are effective only if approved in writing by the Secretary of the Army or the 
Secretary’s approved designee as announced in updated memorandums.

11.  AR 135-178 (Enlisted Administrative Separations) in effect at the time, establishes
policies, standards, and procedures governing the administrative separation of certain 
enlisted Soldiers of the ARNG of the United States and the United States Army
Reserve (USAR). Chapter 14 (Secretarial Plenary Authority) states separation under 
this paragraph is the prerogative of the Secretary of the Army. Secretarial plenary 
separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used 
when no other provision of this regulation applies, and early separation is clearly in the 
best interests of the Army. Separations under this chapter are effective only if approved 
in writing by the Secretary of the Army or approved designee as announced in updated 
memoranda. The service of Soldiers separated under this chapter will be characterized 
as Honorable or Under Honorable conditions.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230005355


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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