1. Applicant's Name: a. Application Date: 17 November 2015 b. Date Received: 17 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade his under other than honorable conditions discharge to honorable and a change to the narrative reason for his discharge. The applicant states, in pertinent part and in effect, his discharge was inequitable because the unit did not properly follow Department of Defense Instruction (DoDI) 1215.13 in a timely manner which would have resulted in his transfer to the IRR and an honorable discharge. His separation documents indicate that he failed to obey orders and failed to attend drills; however, he stopped attending drill only at the direction of his unit leadership after moving in August 2009. Although the documents indicate that reasonable efforts were used to contact him for not attending drills and that he avoided such contacts, it is easily shown by the attached emails that it was untrue. The last correspondence he received stated that his transfer to the IRR was actively being worked on as of 2 November 2011. During the unit's subsequent attempts to contact him, the unit did not use the updated contact information he provided. Had his unit used the updated information, he could have resolved the issues with the unit. In a records review conducted at Arlington, VA on 15 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 15 December 2013 c. Separation Facts: NIF (Based on the applicant's documentary evidence) (1) Date of Notification of Intent to Separate: 5 October 2012 (2) Basis for Separation: The applicant accrued nine or more unexcused absences from scheduled inactive duty training during a one-year period. He also failed to attend or complete his annual training. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 April 2011 / 8 years (NIF, based on the applicant's documentary evidence, unit commander's forward memorandum, dated 10 December 2012) b. Age at Enlistment / Education / GT Score: 17 / NIF / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 35G10, Geospatial Intelligence Imagery Analyst / 10 years, 8 months, 6 days d. Prior Service / Characterizations: USAR, 10 April 2003 to 16 March 2009 / NA USAR, 17 March 2009 to 7 April 2011 / NA e. Overseas Service / Combat Service: NIF f. Awards and Decorations: ARCAM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: (Applicant's documentary evidence) Per unit commander's forwarding memorandum, dated 10 December 2012, subject: Commander's Report - Proposed Separation Under AR 135-178, Chapter 14, Unsatisfactory Participation, [the applicant], the commander recommended separation due to the applicant failing to attend 28 of 28 battle assemblies, failing to report for annual training on 24 February 2012, and failing to maintain contact with unit leaders. Record of notification shows three notifications of unexcused absences, and notification of separation proceedings and supporting documents; that reasonable efforts were made to personally deliver, but the applicant avoided contact and refused to accept/acknowledge. Four certified or registered mail were returned unclaimed. Discharge Orders, dated 10 December 2013 i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; self-authored statement; discharge orders; Soldier's Basic Information (illegible); three-mail correspondence, dated 2 November 2011, 27 and 28 July 2011; separation checklist and control sheet; separation packet memoranda and certification documents; certified unclaimed mail; commander's report2; memorandum (letter of instruction - unexcused absence), dated 27 September 2012, with affidavit of certified mail, dated 28 September 2012; memorandum (letter of instruction - unexcused absence), dated 23 August 2012, and counseling statement, dated 19 August 2012, with affidavit of certified mail, dated 24 August 2012; memorandum (letter of instruction - unexcused absence), dated 26 July 2012, and counseling statement, dated 22 July 2012, with affidavit of certified mail, dated 27 July 2012; FLAG action, dated 15 March 2013; counseling statement, dated 12 October 2012; Soldier's Basic Information Source; two counseling statements, dated 24 February 2012; two certified mail to two separate addresses, dated 7 February 2012; Annual Training Orders, dated 6 February 2012; Active Duty Orders, dated 16 December 2004; and TPU Orders, dated 16 December 2004. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 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. AR 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue during a one-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. Army policy states 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and a change to the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record (NIF, but according to the applicant's documentary evidence) shows that on 5 October 2012, 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 accruing nine or more unexcused absences from scheduled inactive duty training during a one- year period and failing to attend an annual training, with an under other than honorable conditions discharge. He was advised of his rights via certified mail to his last known address on 17 October 2012. The applicant's election of rights is incomplete in the applicant's documentary evidence. However, 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. On 10 December 2012, 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. 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 The applicant requests to change the narrative reason for his discharge. However, for a discharge from the Reserve component, separation orders dictate the discharge; therefore, there is no DD Form 214, unless the applicant is discharged from an active duty assignment. In the applicant's case, with discharge orders, there is no provision for a narrative reason for his discharge, except the discharge authority is AR 135-178. The applicant contends the discharge was inequitable because DOD Instruction 1215.13 was not followed properly and in a timely manner, which would have resulted in his transfer to the IRR and subsequently, he would have received an honorable discharge. Additionally, had the unit used the updated contact information he provided, he could have resolved the issues with the unit. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge and to change the reason for his discharge. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the U.S. Army Reserve. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 15 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018999 1