1. Applicant's Name: a. Application Date: 15 March 2016 b. Date Received: 6 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, his discharge was inequitable because he was working at an oil refinery in Louisiana, seven days a week on 12 to 16-hour shifts. His wife had lost her job. He was the only provider in his home. While working in Texas, he was able to attend drill, until his financial stability was no longer there, and he had to leave to find work and provide for his family. His attempt to change his drills to Louisiana was denied. His unit knew of his situation and that he had to work out of town. In a records review conducted at Arlington, VA on 9 August 2017, and by a 3-2 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: 22 August 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 March 2014 (2) Basis for Separation: The applicant was informed of the following reasons: As of 10 February 2014, the applicant accrued 20 unexcused absences from the Army Reserve training assemblies within one-year period, with missed date of 1-2 February 2014; 16-17 November 2013; and 2-3 November 2013, without permission and failed to provide a valid excuse for those absences. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: (Election of Rights response are not completed) (5) Administrative Separation Board: Waived, made no response to election of rights (6) Separation Decision Date / Characterization: 4 August 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 January 2009 / 8 years, USAR b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 5 years, 7 months, 12 days d. Prior Service / Characterizations: USAR (10 January 2009 to 22 March 2009) / NA IADT (23 March 2009 to 6 August 2009) / UNC USAR (7 August 2009 - Continuous Service) e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Affidavit of Service of Mail, dated 14 March 2014, indicates a letter of instruction for unexcused absence for period 1 and 2 June 2013, and 4 June 2013, was sent certified, restricted delivery, and requested return receipt to his last known address in Texas, on 11 June 2013 (date according to certified mail receipt). Affidavit of Service of Mail, dated 14 March 2014, indicates a letter of instruction for unexcused absence, were sent certified, restricted delivery, and requested return receipt to his last known address in Texas, on 6 November 2013. Affidavit of Service of Mail, dated 14 March 2014, indicates a letter of instruction for unexcused absence, were sent certified, restricted delivery, and requested return receipt to his last known address in Texas, on 19 November 2013. Affidavit of Service of Mail, dated 13 February 2014, indicates a letter of instruction for unexcused absence, were sent certified, restricted delivery, and requested return receipt to his last known address in Texas, 13 February 2014. Affidavit of Service of Mail, dated 13 February 2014, indicates a notification of separation, dated 10 February 2014, was sent certified, restricted delivery, and requested return receipt to his last known address in Texas, on 13 February 2014. Memorandum, dated 25 March 2014, rendered by the unit commander indicates a separation packet for Unsatisfactory Performance, in violation of AR 135-178, Paragraph 13-1a, was sent certified mail on 13 February 2014, to the applicant, and he failed to respond within 30 days. Discharge Orders 14-230-00037, dated 10 August 2014, discharged the applicant from the Army Reserve on 22 August 2014, with an Under Other Than Honorable Conditions character of service. i. Lost Time / Mode of Return: NIF / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 15 March 2016, with the applicant's self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. The applicant's available record of service, and the issues and document submitted with his application were carefully reviewed. The record confirms 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 missing at least nine or more training assemblies within a one year period 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 on 13 February 2014. The applicant's election of rights contained in the record is incomplete. However, the unit commander indicated in the notification letter that he (the commander) was suspending the separation action for 45 days, to allow the applicant with the opportunity to exercise his right to consult with legal counsel. Subsequently, the unit commander recommended his separation from the Army Reserve. The record contains documentations that show the unit contacted the applicant on several occasions and he refused to attend the scheduled unit training assemblies, as instructed via certified mail. The applicant contends the discharge was unjust because his unit knew he was working out of town, his attempt to relocate his drills to the state he was working at was denied, and he was the only provider in his home. 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 any 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 evidence has been provided with the request for an upgrade of the discharge. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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 9 August 2017, and by a 3-2 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160010948 4