1. Applicant’s Name: a. Application Date: 6 September 2015 b. Date Received: 2 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to uncharacterized or honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he submitted his DA Form 4651 (Request for Reserve Component Assignment or Attachment), for the months of May and June drills; and he also had a doctor’s note for June. He was not flagged when DA Form 4651 was submitted his unit commander. A record was review conducted at Arlington, VA on 19 August 2015. In a personal appearance hearing conducted at Arlington, VA on 20 June 2016, and by a 5-0 vote, after carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined the discharge was inequitable based on the applicant’s overall length and quality of service and the circumstances surrounding the discharge (i.e., the testimony provided and evidence available within the case separation file clearly and convincingly demonstrated that the applicant was experiencing significant personal hardships and had made numerous reasonable attempts to rectify his unit training attendance with his chain of command). Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority, under the provisions of Chapter 5, paragraph 5-3, AR 635-200, with a corresponding Separation Program Designator (SPD) Code of “JFF”. This action does not entail a change to the reentry eligibility (RE) code. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Unsatisfactory Participation / AR 135-178 / NA / General (Under Honorable Conditions) b. Date of Discharge: 27 December 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 June 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge for: Unsatisfactory participation due to accruing at least 12 unexcused absences from his scheduled inactive duty for training drills within a one-year period (4 June 2012); and Failing to provide a valid or emergency reasons which prevented him from attending drills. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Incomplete, barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. (5) Administrative Separation Board: NID, government regularity prevails in the discharge process (6) Separation Decision Date/Characterization: 23 May 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 4 June 2005 / Indefinite b. Age at Enlistment/Education/GT Score: 40 years / HS Graduate / 108 c. Highest Grade Achieved/MOS/Total Service: SFC / E-7 / 11B40, Infantryman and 13B40, Cannon Crewmember / 29 years, 11 months, 11 days d. Prior Service/Characterizations: USAR (17 January 1983-11 March 1985) / NA RA (12 March 1985-10 January 1988) / HD RA (11 January 1988-29 January 1989) / HD RA (30 January 1989-29 April 19992) / HD USAR (30 April 1992-24 April 1998) / HD USAR (25 April 1998-2 November 1999 / NA AD (3 November 1999-11 January 2002 / HD USAR (12 January 2002-3 June 2005 / NA e. Overseas Service/Combat Service: Germany / SWA / Saudi Arabia (15 December 1990-28 April 1991, prior service) f. Awards and Decorations: ARCOM; AAM-6; AGCM-2; ARCAM-4; NDSM-2; SWASM-W/3BSS; GWOTSM; AFRM-HRGS-W/”M” DEV; NOPDR-2; ASR; OSR-2; KLM(SA); KLM(KU) g. Performance Ratings: 1 November 2005-31 January 2008, Fully Capable 1 April 2008-14 October 2011, Among the Best h. Disciplinary Action(s)/Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), dated 27 March 2012, for his behavior while completing annual training as a drill sergeant. The applicant received several letters of instructions-unexcused absences. The applicant received several unsigned negative counseling statements regarding his unexcused absences. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; list of Soldiers in unit with unexcused absences; support letter; three DA Forms 2166-8 (NCO Evaluation Report); e-mail traffic; three letters of instructions-unexcused absences; DA Form 1559 (Inspector General Action Request); DA Form 1380 (Record of Individual Performance of Reserve Training); individual request /authorization to perform rescheduled training; request for alternate unit training request; qualitative retention board (four pages); two DA Forms 4651 (Request for Reserve Component Assignment or Attachment); active duty orders 047386; two applicant’s statement (five pages); DD Form 214, dated 5 December 2010 (two pages); OMPF documents (PT card, two PQRs); and a General Officer Memorandum of Reprimand (GOMOR) with associated documents. 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 7. REGULATORY CITATION(S): Army Regulation (AR) 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. AR 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills accrue during a one-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. Army policy states 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 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to uncharacterized or honorable and a change to the narrative reason for separation. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant’s discharge was appropriate because the quality of his 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 and diminished the quality of his service by his refusal to participate in unit drills. 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. The applicant seeks relief contending, he submitted his DA Form 4651 (Request for Reserve Component Assignment or Attachment), for the months of May and June drills; and he also had a doctor’s note for June; he was not flagged when DA Form 4651 was submitted his unit commander. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his contention. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discharged. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: 1. Letter from sister – 1 page 2. Letter from Bn XO – 1 page 3. Letter from recruiting – 1 page 4. Email from unit administrator – 1 page 5. Medical document – 1 page 6. Text message to 1SG – 1 page 7. Letter from VA – 1 page b. The applicant presented no additional contentions. c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 20 June 2016, and by a 5-0 vote, after carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined the discharge was inequitable based on the applicant’s overall length and quality of service and the circumstances surrounding the discharge (i.e., the testimony provided and evidence available within the case separation file clearly and convincingly demonstrated that the applicant was experiencing significant personal hardships and had made numerous reasonable attempts to rectify his unit training attendance with his chain of command). Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority, under the provisions of Chapter 5, paragraph 5-3, AR 635-200, with a corresponding Separation Program Designator (SPD) Code of “JFF”. This action does not entail a change to the reentry eligibility (RE) code. 11. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change SPD/RE Code to: SPD Code JFF; Chapter 5, paragraph 5-3, AR 635-200; no change to RE Code e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150017336 1