IN THE CASE OF: Mr. BOARD DATE: 4 February 2015 CASE NUMBER: AR20140003604 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general, under honorable conditions and a change to the narrative reason. 2. The applicant states, in effect, his discharge was inequitable and improper because the debilitating nature of his depression should have been taken into account when evaluating his unsatisfactory participation. He contends he suffered from severe depression which caused him to lose interest in all normal activities to include withdrawing from Sam Houston State University and miss drills. He states, he failed to notify his unit of the issues and acknowledges the chain of command made the right determination with the information they had. However, his mental state has improved and he can clearly see that this information is paramount in making the correct determination regarding his discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 February 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 10 August 2011 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, AR 135-178, Chapter 13, NIF, NIF e. Unit of assignment: Delta Company, 1-158th Aviation Regiment, Conroe, TX f. Current Enlistment Date/Term: 7 February 2009/8 years g. Current Enlistment Service: 2 years, 6 months, 4 days h. Total Service: 2 years, 6 months, 4 days i. Time Lost: None j. Previous Discharges: ADT, 091027-100604, HD (Concurrent Service) k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 15R10, AH-64 Helicopter Repairer m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: Waived s. Performance Ratings: NA t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve (USAR) on 7 February 2009, for a period of 8 years. He was 20 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor and achievement. He completed 2 years, 6 months, 4 days of military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows on 17 May 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, for failing to attend or complete annual training, with an under other than honorable conditions discharge. A memorandum, dated 21 July 2011, indicates the applicant was advised of his rights via certified mail to his last known address on 19 May 2011. 2. The unit commander indicated in the notification letter that he was suspending the separation action for 30 days, to allow the applicant with the opportunity to exercise his right to consult with legal counsel. The applicant failed to respond. The unit commander subsequently recommended the applicant be separated from the USAR. The intermediate commanders reviewed the proposed action and recommended an under other than honorable conditions discharge. 3. On 3 August 2011, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. 4. The record contains documentation that shows the applicant was identified as an unsatisfactory participant and had accumulated in excess of 12 unexcused absences over the last 12 months. 5. The applicant was separated on 10 August 2011, under Army Regulation 135-178, with an under other than honorable conditions discharge. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A memorandum from HQs, US Army 11th Aviation Command, Fort Knox, KY, informs the applicant that he has been identified as an unsatisfactory participant due to 12 unexcused absences over 12 months. 2. Orders Number 087459, dated 19 April 2011, ordered the applicant to annual training on 6 May 2011 for three days. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 20 February 2014, a DD Form 214, Orders Number 11-216-00037, dated 4 August 2011, and two patient assessment forms dated 7 October 2010 and 15 October 2010. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in— the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135–178. 2. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general discharge under honorable conditions or an honorable discharge may be granted. 3. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 4. AR 135-178 provides the reason for enlisted Soldiers separated under Chapter 13 as unsatisfactory participation. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the document and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record confirms the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By his refusal to participate in unit drills and annual training, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or an honorable discharge. 3. The applicant requests a change to the narrative reason for separation. However, AR 135-178 provides the reason for enlisted Soldiers separated under Chapter 13 as unsatisfactory participation. There is no deviation authorized. 4. The applicant contends he was suffering from severe depression. However, the fact that the applicant submitted evidence that he was seen for depression, there is no indication that this medical condition rendered him unfit for further military service at the time of his discharge processing. Further, by the applicant’s own admission, he did not inform the chain of command of his mental or medical status prior to his discharge. 5. The records show the proper discharge and separation authority procedures were followed in this case and an under other than honorable conditions discharge is normally considered appropriate. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 4 February 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 2 No Change: 3 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new Discharge Order: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140003604 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1