Applicant Name: ????? Application Receipt Date: 2010/10/25 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "While in AIT at Fort Sam Houston, TX I had gotten injured and was prescribed physical therapy to take place at Brooke Army Medical Center. I had received a profile limiting me to no lower body physical activity other than walking until I completed physical therapy. I received orders to return home to the [ redacted ] before completing physical therapy and had to complete on my own when I returned home. I had to start a new job after returning to pay for bills that accumulated while at AIT. Since I never in processed into the unit I never received an intro packet to include a schedule of upcoming drills. Drills would be emailed to me at random and they changed as so. The first couple of drills I talked to the SGT on duty for those weekend and they were all excused absences. Each time I called the unit I had given them my new address and phone number. They never inputted my new number as they also reverted back to calling my old number. I never received calls as in my file it clearly states on my counseling statements that the phone number is no longer in service, yet clearly marked on the top of the statement my new number is written. I then spoke to the [ redacted ] CSH Retention NCO who after a lengthy conversation came to the conclusion that ordering me to the IRR was going to be the best course of action for me to get things back on track and then return to service as I never intended to leave the reserves. That was the last contact I ever had received from any member of the [ redacted ]. Then in November of 2009 they sent out a package to my old address (after multiple conversations giving them my new information) containing my military file with all personnel information to include my SSN, all work history, all information to steal my identity. The [ redacted ] CSH UA and AUA not only sent my records to the wrong address in which the person living there knew how to get a hold of me but included in my file were papers pertaining to another soldiers life insurance information to include all his information. All information is still in my position, as you will see copies of all. This should clearly show all the misunderstanding that had taken place and the poor file and record keeping that the [ redacted ] has in place." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 090805 Discharge Received: Date: 091103 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: Co B, 405th Combat Support Hospital, West Hartford, CT Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 27 Current ENL Date: 070731 Current ENL Term: 8 Years ????? Current ENL Service: 2 Yrs, 03Mos, 02Days ????? Total Service: 3 Yrs, 00Mos, 02Days ????? Previous Discharges: ADT 070823-080623/ HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 68W10 Health Care Spec GT: 114 EDU: NIF Overseas: NIF Combat: NIF Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Oakville, CT Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 5 August 2009, the unit commander notified the applicant via mailing of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory participant, with an under other than honorable conditions discharge with a suspense date of 21 September 2009. A second notice was sent by certified mail, was refused, unclaimed or otherwise undelivered. The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. On 9 September 2009, the separation authority directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The record indicates that on 3November 2009, DA HQS, Headquarters, 3d Medical Deployment Support Command, Forest Park, GA, Orders number 09-307-00012, discharged the applicant from the Army Reserve, effective 3 Novemebr 2009, with an under other than honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the USAR. Paragraph 13-1 of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general discharge under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: The evidence of record revealed that the applicant was discharged under the provisions of Chapter 13, Army Regulation 135-178, for unsatisfactory participation as a result of numerous unexcused absences from scheduled unit-training assemblies. The analyst also noted the unit commander attempted to contact the applicant on several occasions, without success. The analyst was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, the analyst noted the applicant’s issue about his physical therapy and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. The analyst noted the applicant's issue that he spoke to the 405th CSH Retention NCO who after a lengthy conversation came to the conclusion that ordering him to the IRR was going to be the best course of action. The analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the analyst determined the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 24 February 2011 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: [ redacted ] Witnesses/Observers: None Exhibits Submitted: Documents received from the applicant on 5 Jan 2011 of his separation notification, counseling forms, letters of instruction - unexcused absences, faxed document from the Office of the Inspector General, Fort Gillem, GA, three character reference letters, two email from [ redacted ], DA Form 3725 VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 2 No change 3 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100024554 ______________________________________________________________________________ Page 3 of 3 pages