IN THE CASE OF: BOARD DATE: 26 June 2015 CASE NUMBER: AR20140010805 ___________________________________________________________________________ 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 characterization of service to general, under honorable conditions. 2. The applicant states, in effect, he was going through family and health issues. He contends, he never missed a drill and was never late to formation although he was stressed over his family circumstances and was on medication. He states he provided the proper documentation to his unit administrator and commander and was told he did not need to return to the unit. He states, he served with distinction. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 21 September 2010 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, AR 135-178, NIF, NIF e. Unit of assignment: 390th Engineer Company, Chattanooga, TN f. Current Enlistment Date/Term: 14 February 2007/8 years g. Current Enlistment Service: 3 years, 7 months, 8 days h. Total Service: 3 years, 7 months, 8 days i. Time Lost: NIF j. Previous Discharges: USAR, 070214-070529, NA ADT, 070530-070914, HD (concurrent service) k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 21E10, Heavy Construction Equipment Operator m. GT Score: NIF n. Education: College Graduate o. Overseas Service: NIF p. Combat Service: NIF q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NIF s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army Reserve on 14 February 2007, for a period of 8 years. He was 28 years old at the time of entry and a college graduate. His record is void of any significant awards and acts of valor or achievement; however, he completed 3 years, 7 months, and 8 days of active duty service. When his discharge proceedings were initiated, he was serving in Chattanooga, TN. 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 on 16 September 2010, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders Number 10-259-00016, discharged the applicant from the Army Reserve, effective 21 September 2010, 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 AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. 4. The applicant’s service record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Reduction and Discharge Orders Number 10-259-00016, dated 16 September 2010. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 12 June 2014, Orders Number 10-259-00016, three letters of support, a letter from Dr. L, dated 15 February 2010, a certificate of achievement, a letter from the Defense Finance and Accounting Service, dated 16 February 2011. 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 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 available 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. However, the record shows on 16 September 2010, DA HQS, 81st Regional Support Command, Fort Jackson, SC, Orders Number 10-259-00016, discharged the applicant from the Army Reserve, effective 21 September 2010, 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 his family and health issues were carefully considered. Although the applicant provided a letter from Dr. L, reflecting his treatment for depression, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. 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. 5. 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. 6. 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: 26 June 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 DD Form 214: 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) AR20140010805 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1