IN THE CASE OF: Mr. BOARD DATE: 4 February 2015 CASE NUMBER: AR20140003569 ___________________________________________________________________________ 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 uncharacterized discharge to honorable and a change to the narrative reason. 2. The applicant states, in effect, he desires to obtain employment and pursue a career. He states, at the time of discharge, he was a college student and was unable to respond to the AFRC-TNC-CBD memorandum. He states, he had to relocate due to a house fire in October 2012, and had to change his phone number. He contends, he never received any communication and was unable to attend advanced individual training (AIT) due to attending school and employment. He was attempting to advance in an internship while attending college when his AIT date was moved. He contends, he notified a representative from his battalion, which was the last time he communicated with anyone in the Army. He states, he was ignorant to the proceedings at the time they were taking place; however, he is willing to take whatever actions necessary to resolve this. He has a family to support and he is currently unemployed. He states, that was one of the biggest hurdles he has to overcome is gaining employment. He currently has his license and is attempting to gain employment in the financial services industry and his discharge is making it difficult to continue the process. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 February 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 13 November 2012 d. Reason/Authority/SPD/RE Code: Unsatisfactory Entry Level Status Performance or Conduct, AR 135-178, NIF, NIF e. Unit of assignment: HQs, 1st-391st Regiment, Det 3, Webster, NY f. Current Enlistment Date/Term: 10 January 2008/8 years g. Current Enlistment Service: 4 years, 10 months, 4 days h. Total Service: 4 years, 10 months, 4 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 100 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve (USAR) on 10 January 2008, for a period of 6 years. He was 19 years old at the time of entry and a high school graduate. He record is void of any significant acts of valor and achievement. He completed 4 years, 10 months, 4 days of military service. When his discharge proceedings were initiated, he was serving in Webster, NY. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 10 January 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 8, paragraph 8-1, AR 135-178, by reason of entry level performance and conduct for failure to complete his contractual obligation by not shipping to basic combat and, or AIT training on 28 August 2009. He was advised of his rights via certified mail to his last known address (120126). 2. The unit commander indicated in the notification letter that he was suspending the separation action for 45 days, to allow the applicant the opportunity to exercise his right to consult with legal counsel. A memorandum, dated 28 February 2012, reflects the applicant failed to respond to the notification of separation. The unit commander indicates the applicant received and signed for the notification letter on 26 January 2012. On 12 March 2012, the unit commander recommended separation from the USAR. 3. On 21 October 2012, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service as uncharacterized. 4. The applicant was separated from the USAR under the provisions of AR 135-178, on 13 November 2012, with an uncharacterized discharge. 5. The record contains documentation that shows the unit contacted the applicant on several occasions and he refused to come in, as instructed. 6. The applicant’s record of service does not show any absences due to time lost or any actions under the UCMJ. However, the applicant was separated in the grade of E-2. The action which reduced him is not documented in the available record. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. One counseling statement, dated 12 December 2011, for Chapter 8, entry level performance and conduct. The applicant did not sign the counseling form. 2. Two letters of instruction, dated 23 May 2011 and 7 June 2011, reflects the applicant was absent from multiple unit training assemblies from 19 May 2011 through 22 May 2011 and from 4 June 2011 through 5 June 2011. 3. An email, dated 11 January 2012, from Mr. M. requesting the applicant contact the unit as soon as possible and notifying him that he has failed to complete his full initial entry training. 4. ATRRS Reservation reflects the applicant was scheduled to attend basic combat training and AIT at Fort Leonard Wood, Missouri from 2 June 2008 until 14 August 2008. The applicant was rescheduled for AIT from 24 August 2009 through 9 October 2009. 5. Roberts Wesleyan College Enrollment Verification, dated 4 January 2008, reflects the applicant was enrolled from 28 August 2008 to 18 December 2008. 6. Orders Number 12-311-00065, dated 6 November 2012, DA HQs, 99th Regional Support Command, Fort Dix, NJ, discharged the applicant from the USAR, effective 13 November 2012. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 20 February 2014, a New York Property Market Claim, and Orders Number 12-311-00065. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 8, paragraph 8-1 contains guidance on entry level separations. It states a Soldier may be separated under this chapter if he/she is notified of the initiation of separation proceedings while in an entry level status when it is determined under the guidance set forth in Chapter 2, section I, that a Soldier is unqualified for further military service by reason of unsatisfactory performance or conduct (or both), as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment or minor disciplinary infractions. 2. When separation of a Soldier in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both), the Soldier normally will be separated in accordance with this chapter. For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. 3. The service of a Soldier who is separated under this chapter will be uncharacterized. 4. AR 135-178, identifies the reason for enlisted Soldiers who are discharged under Chapter 8, as entry level performance and conduct. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason was carefully considered. However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 3. The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. 4. A general, under honorable conditions discharge is not authorized under ELS conditions and the applicable regulation stipulates the service of a Soldier who is separated under this chapter will be uncharacterized. 5. The applicant contends that an upgrade of his discharge and a change to the narrative reason will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, AR 135-178, identifies the reason for enlisted Soldiers who are discharged under Chapter 8, as entry level performance and conduct. 6. The applicant also contends he was not able to report to AIT due to his enrollment in school and his employment. However, the applicant had a contractual obligation to complete initial entry training and failed to do so. Further, he was instructed to report for multiple unit training assemblies and failed to respond to those instructions. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. In fact, the unit attempted to assist the applicant with his work conflicts by rescheduling his attendance at AIT and the applicant failed to report a second time. 7. Further, the applicant contends he did not have any communication with his unit after his house caught fire in October 2012, when he had to change his phone number. However, the applicant has the obligation to inform the unit of any change in address and phone number. The evidence of record shows that the unit attempted to contact the applicant on 11 January 2012 via email to provide him assistance. There is no indication that the applicant responded to the unit’s attempt to contact him. 8. The records show the proper discharge and separation authority procedures were followed in this case. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 4 February 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA 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 Discharge Order: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA 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) AR20140003569 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1