1. Applicant's Name: a. Application Date: 21 March 2016 b. Date Received: 25 April 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, he was discharged for being unable to relocate from his unit. He alleges being told he would receive a hardship discharge and received under other than honorable conditions discharge. He would like to continue his service in the Army. In a records review conducted at Arlington, VA on 2 August 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 / Under Other Than Honorable Conditions b. Date of Discharge: 23 January 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 29 August 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was absent from at least nine Army Reserve training assemblies within a one-year period and failed to provide a valid reason for his absence. He failed to attend 12 MUTA Battle Assemblies during 11-12 February, 14-15 April, 11-12 August 2012. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: The applicant's executed election of rights are not contained in the available record and government regularity is presumed in the discharge process. (5) Administrative Separation Board: An extension was not granted, the applicant failed to deliver the completed endorsement within 30 days of the date his receipt of the notification memorandum constituted a waiver of his rights to an administrative separation board. (6) Separation Decision Date / Characterization: 13 January 2013 / Under Other Than Honorable Conditions / the applicant was reduced to the lowest enlisted rank. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 October 2009 / transfer to USAR for completion of service obligation of (4 May 2013). b. Age at Enlistment / Education / GT Score: 17 years / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 7 years, 8 months, 19 days d. Prior Service / Characterizations: ARNG, 5 May 2005 to 5 June 2005 / NA IADT, 6 June 2005 to 5 August 2005 / NA ARNG, 6 August 2005 to 2 August 2006 / NA AD, 3 August 2006 to 27 September 2006 / HD ARNG, 28 September 2006 to 13 October 2008 / UOTHC USARCG, 14 October 2008 to 27 October 2009 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received a negative counseling statement notifying him of pending separation action; and one regarding loss of benefits due to separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); certificate of achievement and a developmental counseling form, page two missing. 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 the characterization of service from under other than honorable conditions to general (under honorable conditions). 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 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, such that he should have been retained in the US Army Reserve. The applicant seeks relief contending, he was discharged for being unable to relocate from his unit. The record of evidence (application he submitted), in which the applicant offers that he could not transfer to another unit because his low ASVAB scores; no other unit would accept him and no other unit was available. The applicant further contends, he was told he would receive a hardship discharge and received under other than honorable conditions discharge. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The characterization of the applicant's discharge was commensurate with his overall service record. The applicant would like to continue his service in the Army. 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. 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 2 August 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 DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160008608 1