1. Applicant's Name: a. Application Date: 14 December 2015 b. Date Received: 21 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable and a change to the RE code. The applicant seeks relief contending, in effect, during his enlistment, he faced hardships and difficulties that he could not overcome in the amount of time he was given. Because he was homeless, he was unable to fulfill his commitment. He had lost his job, his car, and his home. He contacted his chain of command, but they informed him there was nothing they could do for him. Since he had no way to attend Drill, he was wrongfully discharged. Since his discharge, he has found housing, gotten married, is employed, and has turned his life around. He is ready to right the mistakes he made due to unforeseen circumstances. He desires to join the Army National Guard. In a records review conducted at Arlington, VA on 1 March 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, his prior period of honorable service, the circumstances surrounding his discharge (i.e. homelessness significant factor in his discharge), and his post service accomplishments (i.e. got back on his feet, attained employment and a family), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to 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 (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Participation / AR 135- 178 / Chapter 13 / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 17 January 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 May 2013 (2) Basis for Separation: The applicant accrued more than 9 unexcused absences in a one year period. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 10 May 2013, the Unit Administrator mailed the applicant the notification of separation memorandum via the United States Postal Service (USPS), certified mail. The USPS attempted to deliver the notice on 31 May 2013, 4 June 2013 and 14 June 2013. The USPS returned the notification to the applicant's unit marked as "unknown." In accordance with the notification memorandum the failure to respond to the notification letter would constitute a waiver to consult with counsel and appear before an administrative separation board. (5) Administrative Separation Board: Waived, see preceding paragraph 3c(4). (6) Separation Decision Date / Characterization: 8 January 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 April 2008 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 89B10, Ammunition Specialist / 5 years, 8 months, 24 days d. Prior Service / Characterizations: USAR, 24 April 2008 to 19 May 2008 / NA IADT, 20 May 2008 to 16 October 2008 / UNC USAR, 17 October 2008 to 15 January 2009 / NA OAD, 16 January 2009 to 3 February 2010 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (15 February 2009 to 9 January 2010) f. Awards and Decorations: ACM-CS, AAM-3, NDSM, GWOTSM, ASR, OSR, AFRMM, NATOMDL, AGCM, ARCOTR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum, dated 14 February 2013, reflects the applicant was absent from scheduled unit training assembly or MUTA for the following periods: MUTA 1 and 2 on 10 February 2013. Memorandum, dated 17 April 2013, reflects the applicant was absent from scheduled unit training assembly or MUTA for the following periods: MUTA 1 and 2 on 13 April 2013; and, MUTA 1 and 2 on 14 April 2013. Memorandum, dated 7 May 2013, reflects the applicant was absent from scheduled unit training assembly or MUTA for the following periods: MUTA 1 and 2 on 3 May 2013; MUTA 1 and 2 on 4 May 2013. Memorandum, dated 12 June 2013, reflects the applicant was absent from scheduled unit training assembly or MUTA for the following periods: MUTA 1 and 2 on 8 June 2013; MUTA 1 and 2 on 9 June 2013. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application; and a DD Form 149, with all allied documents listed in block 9 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 general (under honorable conditions) or honorable and a change to the RE code. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 and diminished the quality of his service by his refusal to participate in unit drills. 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, such that he should have been retained. The applicant desires an RE code change. However, Soldiers discharged from the USAR are discharged as documented in permanent orders. The orders reflect the effective date of the discharge; the authority for discharge; the component; and, the type of discharge. Insomuch as an RE code is not reflected on the orders, there is no remedy to grant relief. Further, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. The applicant contends that he had good service, which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant desires an upgrade based on mitigating circumstances, which contributed to his misconduct. Specifically, he claims loss of civilian employment, loss of his car, and becoming homeless resulted in his discharge. While the applicant may believe his circumstances in his personal life were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The Army Discharge Review Board is authorized to consider post-service factors in the characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 1 March 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, his prior period of honorable service, the circumstances surrounding his discharge (i.e. homelessness significant factor in his discharge), and his post service accomplishments (i.e. got back on his feet, attained employment and a family), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to 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 10. BOARD ACTION DIRECTED: a. Issue a New Order: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: No Change d. Change SPD/RE Code to: No SPD Code issued / No RE code issued e. Restore (Restoration of) Grade to: No Change To: ARBA Promulgation Team, Arlington, VA Date: 2 March 2017 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. 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 AR20160000686 1