1. Applicant's Name: a. Application Date: 1 December 2015 b. Date Received: 7 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, his discharge was the result of his missing IRR paperwork and an alarming lack of communication. The applicant contends after many injuries, he discovered the listed reason for his discharge was AWOL. He found out the number of days missed started after a drill in which his First Sergeant counseled him on IRR, had him sign the paperwork for it, and told him he would not have to report to drill again. As soon as he had discovered the discharge, he went straight to his unit's retention office to start the process of correcting whatever mistake that had been made. He reached out to all his Senators, wrote directly to the White House, and now he is reaching out to the Board. In a records review conducted at Arlington, VA on 22 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Participation / AR 135- 178, Chapter 13 / NA / NA / General (Under Honorable Conditions) b. Date of Discharge: 11 June 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 April 2014 (2) Basis for Separation: The applicant failed to report for annual training (8 March 2014). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: The election of rights memorandum in the applicant's record was not completed. However, 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. 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. The unit commander recommended separation from the US Army Reserve (USAR). (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 May 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 June 2008 / 8 years b. Age at Enlistment / Education / GT Score: 17 / NIF / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 88N10, Traffic Management Coordinator / 5 years, 11 months, 5 days d. Prior Service / Characterizations: USAR, 7 June 2008 to 15 July 2009 / NA ADT, 16 July 2009 to 29 September 2009 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and Discharge Orders 14-157-00045, dated 6 June 2014. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 honorable and a change to his reentry eligibility (RE) code. The applicant's 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 failure to report for annual training on 8 March 2014. 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 contends his discharge was the result of missing IRR paperwork and an alarming lack of communication with his unit. The applicant contends after drill in which his First Sergeant counseled him reference IRR, he signed the paperwork and was told that he would not have to report to drill again. The applicant's contentions were noted; however, 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was instructed by the First Sergeant of anyone else in the chain of command not to attend drill or annual training. The applicant's statement alone does not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The record does not contain any indication or evidence of arbitrary or capricious actions by the command. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. If the applicant desires a personal appearance hearing, it is 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. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 22 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150019226 1