1. Applicant's Name: a. Application Date: 19 September 2016 b. Date Received: 23 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he requested orders to a military intelligence unit within the 100 mile driving radius of his home of record address. His unit of assignment told him he was outside the 100 mile radius and he was no longer required to attend drill; and was also told he would be transferred to the IRR. He participated in flag details, financial management courses, had excellent PT scores; and he served his active obligations under honorable conditions. He feels his discharge was not warranted given the existing conditions. He would like to join the Fredrick Police Department as part of his career path. He desires to reenlist in the National Guard. In a records review conducted at Arlington, VA on 6 December 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: Unsatisfactory Participation / AR 135- 178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 25 April 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 26 September 2011 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was absent from at least nine Army Reserve training assemblies within a one year period and failed to provide a valid reason for his absence. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Incomplete, barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. (5) Administrative Separation Board: An extension was not granted, the applicant failed to deliver the completed endorsement within 30 days from the date of receipt of the notification memorandum, which constituted a waiver of his rights to an administrative separation board. (6) Separation Decision Date / Characterization: 3 April 2012 / Under Other Than Honorable Conditions / the applicant was reduced to the lowest enlisted grade. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 January 2009 / 8 years b. Age at Enlistment / Education / GT Score: 22 years / Two years of college / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 35F10, Intelligence Analyst / 3 years, 3 months, 20 days d. Prior Service / Characterizations: IADT, 29 April 2009 to 19 November 2009 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received three negative counseling statements regarding his administrative separation. The applicant received numerous letters of instructions, unexcused absences. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; US Army Corps of Engineers, certificate of completion; certificate of completion, 360 training.com; State of Maryland Erosion and Sediment Control Certification; Leed Green Associate certification; and two Associate Degree Certificates. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application he is an upstanding member of his community and he has earned two Associate Degrees and certifications. 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 accrue 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 the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable and a change to the narrative reason for separation. 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 below that meriting a general (under honorable conditions) or an honorable discharge at the time of separation 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 in the US Army Reserve. The applicant requests a change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation. The applicant bears the burden of presenting substantial and credible evidence to support his request to change the reason for his discharge. There is no evidence in the available record, nor has the applicant provided any evidence, to support the request that the reason for his discharge was improper or inequitable. The applicant seeks relief contending, he requested orders to a military intelligence unit within the 100 mile driving radius of his home of record address; and his unit of assignment told him he was outside the 100 mile radius and he was no longer required to attend drill; and was also told he would be transferred to the IRR. The applicant's enlistment contract DD FORM 1966/4, March 2007 version, page 4, indicated that he concurred with his assignment even though the distance from his home to the Army Reserve Center was greater than the normal commuting distance of 50 miles or 90 minutes travel time. He understood extra meals and lodging would not be provided on training assemblies. He further understood that it was his responsibility to attend all scheduled meetings with his assigned unit. Transportation to and from meetings was his responsibility and would not be a reason for not attending meetings. The applicant further contends, he participated in flag details, financial management courses, had excellent PT scores; and he served his active obligations under honorable conditions. 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 also contends, he feels his discharge was not warranted given the existing conditions. 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 applicant additionally contends, he would like to join the Fredrick Police Department as part of his career path. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant desires to reenlist in the National Guard. However, at the time of discharge, 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 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 6 December 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160018878 1