IN THE CASE OF: Mr. BOARD DATE: 4 March 2015 CASE NUMBER: AR20140004945 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service, and component equity and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade/rank to SPC/E-4. 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 characterization to honorable. In addition, the applicant requests a change to the narrative reason for separation. 2. The applicant states, in effect, he was sick and unable to attend drill for two months. The applicant states by the time he returned, his unit was deployed. The applicant contends he did not know the reason why he was discharged and he never signed any paperwork. The applicant contends, the discharge has prevented him from accessing his VA benefits, obtaining a police job, or reentering the service. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 March 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 15 November 2011 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, AR 135-178 Chapter 13-1, NIF, NIF e. Unit of assignment: 558th Transportation Company, Rear Detachment, Tampa, FL f. Current Enlistment Date/Term: 18 December 2008 / 8 years g. Current Enlistment Service: 2 years, 10 months, 24 days h. Total Service: 2 years, 10 months, 24 days i. Time Lost: None j. Previous Discharges: ADT, 090805-100122, HD (Concurrent Service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88N10, Traffic Management Coordinator m. GT Score: 102 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army Reserve on 18 December 2008, for a period of 8 years. He was 18 years old at the time of entry and a high school graduate. He completed 2 years, 10 months, and 24 days of creditable military service. When his discharge proceedings were initiated, he was serving in Tampa, Florida. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 24 August 2011, the unit commander notified the applicant of initiation of separation action under the provisions of AR 135-178, Chapter 13, by reason of unsatisfactory participation, for failing to attend the annual training for the period of 22-23 August 2011 and failing to provide a valid excuse for his absences, with an under other than honorable conditions discharge. He was advised of his rights via certified mail to his last known address (110824). 2. The applicant’s election of rights is not contained in the available record. However, the unit commander indicated in the notification letter that he was suspending the separation action for 45 days, to allow the applicant with the opportunity to exercise his right to consult with legal counsel. On 7 September 2011, the unit commander recommended separation from the US Army Reserve (USAR). The intermediate commander reviewed the proposed action and recommended an under other than honorable conditions discharge. 3. On 5 November 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 applicant was separated on 10 November 2011, under Army Regulation 135-178, Chapter 13, with an under other than honorable conditions discharge. 5. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Order Number 11-314-00013, dated 10 November 2011, Headquarters, 81st Regional Support Command, Fort Jackson, South Carolina, discharged the applicant from the United States Army Reserve, effective 10 November 2011. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 8 March 2014, and a copy of his discharge orders. POST-SERVICE ACTIVITY: None were provided with the 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. 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 documents 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, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or an honorable discharge. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant contends that medical issues prevented him from attending the required training, which ultimately led to his discharge from the Army Reserve. However, the service record does not support the applicant’s contention, nor did the applicant provide any supporting medical documents that would have excused him from participating in the unit’s Battle Assembly Training over the span of four months. 5. The applicant contends he was never informed of the reason for his discharge. However, the record shows the unit commander attempted to contact the applicant on several occasions and mailed the discharge packet to his last known address via certified mail. Army Regulation 135-178, in pertinent part, stipulates that a Soldier is subject to discharge for unsatisfactory participation when it is determined the Soldier is unqualified for further military service because the Soldier is an unsatisfactory participant as prescribed in Chapter 4, AR 135-91 and attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier’s refusal to comply with such orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. 6. The applicant has expressed his desire to rejoin the Service, to have better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 7. 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. 8. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service, and component equity and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade/rank to SPC/E-4. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 4 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 3 No Change: 2 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new Discharge Order: Yes Change Characterization to: General, Under Honorable Conditions Change Reason to: NA Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: SPC/E-4 Other: : TO: ARBA Promulgation Team. Arlington, VA Date: 4 March 2015 The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes: ( X ) Change characterization of discharge to General, Under Honorable Conditions. ( X ) Restoration of grade to E-4/SPC 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) AR20140004945 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1