IN THE CASE OF: BOARD DATE: 25 September 2013 CASE NUMBER: AR20130005883 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. 2. The applicant states, in effect, he was in a VA hospital on the dates he did not attend drill and sent the proper documents to his unit. He was told by his commander that he could have a conditional release. The paperwork was also faxed to his unit over a month before discharge. He had even attempted to make-up missed drills; however, his request was denied. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 20 March 2013 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 14 February 2013 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participant, AR 135-178 Chapter 13, RE NIF, SPD NA e. Unit of assignment: 475th Quartermaster Company, Beaver Falls PA f. Current Enlistment Date/Term: 5 January 2011, 6 years g. Current Enlistment Service: 2 years, 1 month, 10 days h. Total Service: 10 years, 10 months, 10 days i. Time Lost: None j. Previous Discharges: USAR (020405-020627), NA IADT (020628-020829), UNC USAR (020830-030123), NA OAD (030124-040524), HD USAR (040525-110104), NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92F10, Petroleum Supply Specialist m. GT Score: 101 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Kuwait, Iraq (030310-040403) q. Decorations/Awards: ARCOM, ARCAM, NDSM, AFRM-w/M-DEV GWOTEM, GWOTSM, ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the USAR on 5 April 2002, for a period of 8 years. He reenlisted on 5 January 2011 for a period of 6 years. He completed a total of 10 years, 10, months, and 10 days. He was 22 years old at the time of entry and a high school graduate. He attained the rank of SPC/E-4 and was awarded the ARCOM and ARCAM. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. 2. The available evidence in the record indicates that on 7 February 2013, DA HQS, 99th Regional Support Command, Fort Dix, New Jersey, Orders number 13-038-00021, discharged the applicant from the Army Reserve, effective 7 February 2013, with an under other than honorable conditions discharge. 3. The record contains a properly constituted order which indicates the applicant was discharged under the provisions of paragraph 13-1, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. 4. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: The record does not contain any actions under Article 15 of the Uniform Code of Military Justice. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293; DD Form 214; DD Form 268, requesting a conditional waiver; and a memorandum from the Pittsburgh Healthcare System, dated 18 November 2012; showing he was admitted in the hospital from 18 November 2012 to 20 November 2012. POST-SERVICE ACTIVITY: None provided with the application. REGULATORY AUTHORITY: 1. Army Regulation 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. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue during a 1 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. 2. 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. 3. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army Reserve. However, the record shows that on 7 February 2013, DA HQS, 99th Regional Support Command, Fort Dix, New Jersey, Orders number 13-038-00021, discharged the applicant from the Army Reserve, effective 7 February 2013, with an under other than honorable conditions discharge. 3. Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant's contentions about he was in a VA hospital on the dates he did not attend drill, sent the proper documents to his unit and he was told by his commander that he could have a conditional release were carefully considered. The applicant provided a DD Form 368 requesting a conditional waiver; however, the form was not completed by the appropriate officials. 5. The VA hospital memorandum only covered a period of three days. This did not account for the other drills that were not attended. Furthermore, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service or contentions. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 6. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 7. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 25 September 2013 Location: Washington, DC Did the Applicant Testify? No Counsel: No Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: No Change Change RE Code to: No Change Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20130005883 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1