IN THE CASE OF: Ms. BOARD DATE: 6 May 2015 CASE NUMBER: AR20140006798 ___________________________________________________________________________ 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 her discharge from under other than honorable conditions to general, under honorable conditions or honorable. 2. The applicant states, in effect, that she would like an upgrade of her discharge for the purpose of being able rejoin the military. She contends her discharge was the result of complications experienced with her first pregnancy and not attending drills. After having her baby she attempted to start attending drills but was unable to do so because she had been discharged for unsatisfactory participation. She now requests another chance to prove she is more responsible. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 12 December 2007 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, Chapter 13, AR 135-178 e. Unit of assignment: 787th CS Bn, CMBT SUST SPT, Dothan, AL f. Current Enlistment Date/Term: 14 June 2006, 8 years g. Current Enlistment Service: 1 year, 5 months, 29 days h. Total Service: 1 year, 5 months, 29 days i. Time Lost: None j. Previous Discharges: USAR-060614-070404/NA OAD-070405-070413/NIF (Concurrent Service) k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 92Y10, Supply Specialist m. GT Score: 88 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NIF r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve 14 June 2006, for 8 years. She was 19 years old at the time of entry and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 92Y10, Supply Specialist. The record does not contain any evidence of acts of valor or meritorious achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows on 4 September 2007, 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 9 training assemblies within a one year period and failing to provide a valid excuse for her absences, with an under other than honorable conditions discharge. She was advised of her rights via certified mail to her last known address 9 September 2007. 2. The applicant’s election of rights is not contained in the available record. However, the unit commander indicated in the notification letter that he was suspending the separation action for 45 days, to allow the applicant with the opportunity to exercise her right to consult with legal counsel. The above referenced notification of separation was also sent to the applicant’s last known address via certified mail, returned receipt requested, however the letter was returned unclaimed with no forwarding address. The applicant failed to respond within thirty days to the notification of separation and accordingly, waived all rights afforded under provisions of AR 135-178. On 19 October 2007, the unit commander recommended separation from the US Army Reserve (USAR). 3. An undated memorandum for the Commander, 143rd Sustainment Command (Expeditionary) from the Staff Judge Advocate, indicated the unit commander and intermediated commanders recommended a characterization as general, under honorable conditions. 4. The separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. 5. The applicant was separated on 12 December 2007, under the provision of Army Regulation 135-178, with an under other than honorable conditions discharge, 6. The applicant’s record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders 07-346-00012, dated 12 December 2007. 2. A counseling statement dated 4 November 2007, for her decision to separate from the army Reserve Troop Program Unit (TPU). EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. POST-SERVICE ACTIVITY: None was 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 her discharge was carefully considered. However, after examining the applicant’s record of service, the document and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record confirms the applicant’s discharge was appropriate because the quality of her 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. By her failure to participate in unit drills, the applicant diminished the quality of her service below that meriting a general, under honorable conditions or an honorable discharge. 3. 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. 4. The applicant contends that her discharge was the result of complications she experienced with her first pregnancy which her unit was aware of and not attending drills. However, the record shows the unit commander attempted to contact the applicant on several occasions and mailed the discharge packet to her last known address via certified mail. Army Regulation 135-178, in pertinent part, stipulates that a Soldier is subject to discharge for unsatisfactory participation when it is determined the Soldier is unqualified for further military service because the Soldier is an unsatisfactory participant as prescribed in Chapter 4, AR 135-91 and attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier’s refusal to comply with such orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. 5. The applicant expressed her desire for an upgrade of her discharge for the purpose of being able to serve in the military again. 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. 6. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 6 May 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) AR20140006798 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1