IN THE CASE OF: Mr. BOARD DATE: 11 March 2015 CASE NUMBER: AR20140005518 ___________________________________________________________________________ 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 characterization to general, under honorable conditions. 2. The applicant states, in effect, his discharge was improper because his failure to participate in unit drills was due to the loss of his license as a physician assistant. He states, he could not attend drill and serve in the role of a physician assistant. He contends, the loss of his licenses was not due to any misconduct, dereliction of duty or disbarment, but only because he was not working in the civilian sector as a physician assistant and could not maintain the license requirements as a registered nurse and physician assistant. Further he contends, his discharge is improper because he was promoted to first lieutenant at the same time he was being discharged under other than honorable conditions for the loss of his license and not attending drill for two years. The applicant states, his current characterization of service prevents him from serving his country to help wounded Soldiers. He would like to serve again as a nurse. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 March 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 31 January 2007 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, AR 135-175, NIF, NA e. Unit of assignment: Headquarters, 9th Regional Readiness Command, Honolulu, HI f. Current Enlistment Date/Term: 26 September 2000/Indefinite g. Current Enlistment Service: 6 years, 4 months, 6 days h. Total Service: 6 years, 4 months, 6 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: O-2 l. Military Occupational Specialty: 65D, Physician Assistant m. GT Score: NA n. Education: Masters Degree o. Overseas Service: NIF p. Combat Service: NIF q. Decorations/Awards: NIF r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant was appointed in the United States Army Reserve (USAR) on 26 September 2000, for an indefinite period of time as a Physician Assistant (65D). He was 34 years old at the time of entry and a college graduate. His record is void of any significant acts of valor or achievement. He completed 6 years, 4 months, 6 days of military service. When his discharge proceedings were initiated, he was serving in Honolulu, Hawaii. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 6 January 2006, the applicant was notified of initiation of elimination proceedings under the provisions of AR 135-175, Chapter 2 and Chapter 4, by reason of unsatisfactory participation in the USAR and loss of his Physician Assistant license and the National Commission of Physician Assistants (NCCPA) accreditation by the State of Hawaii. 2. The applicant was directed to show cause for retention in the Army after failing to participate in assigned training assemblies and annual training for the period of May 2004 until the initiation of separation action and for failing to maintain his required Physician Assistant license and NCCPA accreditation. He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry. 3. On 14 June 2006, the applicant voluntarily submitted his resignation in lieu of elimination proceedings. He waived his right with the understanding that if his resignation was accepted, he may be separated either under honorable conditions or under conditions other than honorable and furnished an honorable, general, under honorable conditions, or under other than honorable conditions discharge certificate. 4. On 7 July 2006, the Commander, Headquarters, 9th US Army Regional Readiness Command, Honolulu, Hawaii, recommended approval of the applicant’s resignation request in lieu of separation. On 21 August 2006, the commander recommended approval of a general, under honorable conditions discharge. 5. On 5 September 2006, the applicant’s request for resignation in lieu of involuntary separation was returned to the unit without action due to discrepancies and deficiencies in the packet. 6. On 8 September 2006, the applicant was notified again of initiation of elimination proceedings under the provisions of AR 135-175, Chapter 2, because of unsatisfactory participation in the USAR. Specifically for, failing to participate in scheduled training assemblies and annual training as required by AR 135-91, Chapter 6, for the period of May 2004 to the date of the initiation of separation notification. 7. On 22 September 2006, the applicant again voluntarily tendered his resignation as a Reserve Officer in the Army and Army National Guard under the provisions of AR 135-175, section IV. He waived his right with the understanding that if his resignation was accepted, he may be separated either under honorable conditions or under conditions other than honorable and furnished an honorable, general, under honorable conditions, or under other than honorable conditions discharge certificate. 8. On 26 September 2006, the Commander, Headquarters, 9th US Army Regional Readiness Command, Honolulu, Hawaii, recommended approval of the applicant’s resignation request in lieu of separation with an under other than honorable conditions discharge. The applicant’s intermediate commander reviewed the proposed separation packet and recommended approval with a under other than honorable conditions discharge. 9. On 28 January 2007, the applicant’s request for resignation in lieu of involuntary separation was accepted by the Commander, US Army Human Resources Command, Alexandria, Virginia, with an under other than honorable conditions discharge from the USAR. 10. The applicant was discharged from the Army on 31 January 2007, with a characterization of service of under other than honorable conditions. 11. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. A memorandum, dated 19 July 2004, indicates the applicant was notified of his unsatisfactory participation in unit training for missing nine or more unauthorized absences in a one year period as of 19 July 2004. 2. Letters of Instruction, dated 28 June 2004 and 19 July 2004, reflects the applicant was notified of eight unauthorized absences on 26 June 2004 x 2, 27 June 2004 x 2, 17 July 2004 x 2, and 18 July 2004 x 2. As a note, the applicant was notified by certified mail to his last known address on 13 July 2004 and 21 July 2004. 3. Department of Commerce and Consumer Affairs, Professional and Vocational License Search, dated 28 November 2005, reflects the applicant’s license to practice as a physician assistant was closed or cancelled effective 31 January 2004. 4. A NCCPA Connect, Certification Status Report, dated 28 November 2005, reflects the applicant’s certificate for his Physician Assistant certification expired on 31 December 2004. 5. Two OERs covering the periods of 010501-020331 and 020401-030331. The applicant was rated as having “Outstanding Performance/Must Promote” and “Satisfactory Performance/Promote” by his raters. He was assessed by his senior raters as “Fully Qualified/No Evaluation” and “Fully Qualified/Center of Mass.” 6. Promotion Orders Number B-10-506940, dated 27 October 2005, reflects the applicant was promoted to the grade of O-2, effective 20 July 2005. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 17 March 2014, a self-authored statement, dated 22 March 2014, two OERs, printouts from the Department of Commerce and Consumer Affairs and NCCPA Connect: Certification Status Report, dated 28 November 2005, partial discharge packet, Orders Number D-01-702801, dated 31 January 2007, and Orders Number B-10-506940, dated 27 October 2005. POST-SERVICE ACTIVITY: The applicant states he is still employed as a registered nurse in Santa Monica, California. REGULATORY AUTHORITY: 1. Army Regulation 135-175 prescribes the criteria and procedures governing the involuntary separation of Reserve officers of the Army when their retention is not in the best interest of the service. 2. Army Regulation 135-175, paragraph 2-3c(1) provides that an officer will be involuntarily separated without board action when the member submits a resignation in lieu of involuntary separation proceedings, in accordance with paragraph 6-12, and the resignation is accepted by HQDA. 3. A general under honorable conditions characterization of service will normally be issued to an officer when the officer’s military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A separation under honorable conditions will normally be appropriate when an officer submits an unqualified resignation or a request for relief from active duty under circumstances involving misconduct which renders the officer unsuitable for further service, unless an under other than honorable conditions separation is appropriate. 4. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct. 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 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 his discharge was improper because he could no longer serve in the role as the unit’s physician assistant because of the loss of his license and his failure to report for unit drill was not based on misconduct, dereliction of duties or disbarment. However, the applicant had a responsibility to maintain the appropriate licensures in order to fulfill his role as the unit’s physician assistant. Further, the record shows the unit commander attempted to contact the applicant on several occasions and mailed letters of instruction to his last known address via certified mail. Army Regulation 135-175, in pertinent part, stipulates that an officer is subject to discharge for moral or professional dereliction when it is determined the officer intentionally neglected or failed to perform assigned duties, participate satisfactorily in required Ready Reserve training, comply with applicable directives to include but not limited to replying to official correspondence or completing administrative forms. When the follow-up actions prescribed in AR 135-133 fails to locate the officer or clearly evidences willful neglect to complete the required forms or to reply to official correspondence, the appropriate commander will initiate involuntary separation action. 5. The applicant further contends his discharge is improper because he was promoted to first lieutenant at the same time he was being processed for separation under other than honorable conditions. However, the applicant was promoted to first lieutenant during the discharge process and based on the available evidence or record was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge. 6. The applicant desires to serve in the military again as a nurse. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. An under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible to serve in the military. 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. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 11 March 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: 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) AR20140005518 Page 7 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1