1. Applicant's Name: a. Application Date: 29 August 2016 b. Date Received: 21 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions), a change to the narrative reason for separation and reentry code. The applicant seeks relief contending, in pertinent part and in effect, he received notice from his unit that his was reduced to E-1, effective 8 May 2012. When he was served his documents in 2012, he was attending all his drills except for 2011, he missed a few drill due to not having reliable transportation from the college he was attending in Lawrenceville, Georgia. His unit was in Montgomery, Alabama, a commute of approximately three hours one way. Therefore, he received some unsatisfactory performance ratings. At the time, he expressed his concerns for transportation to his chain of command. The majority of his unit was absent because they deployed to Kuwait. When he was informed he would be transferred to a closer unit in Atlanta, Georgia, he requested the paperwork and procedures to transfer; however, he never received a response. He managed to purchase a vehicle in January 2012, and was able to attend drills regularly. When he attempted to attend a drill in May 2012, he was advised not to attend drill as he would be arrested for trespassing the military installation. He then contacted his commander, Ms. F, who advised him that there was nothing that could be done since he had already been processed for discharge from the USAR component. He filed a congressional inquiry to assist in how to appeal his discharge, but he never received a response. Currently, he is trying to reenlist but was advised to submit his request to the traveling Board. The changes he requested would allow him to reenlist in the US Army. In a personal appearance hearing conducted at Arlington, VA on 13 March 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: NA / AR 135-178, Chapter 13 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 13 May 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 January 2012 (2) Basis for Separation: The applicant was an unsatisfactory participant in the US Army Reserve; in that, he failed to attend annual training on 17 and 18 December 2011. The unit attempted to obtain a response from him or comply with orders or correspondence, but the attempts have failed through mail delivery services, which merited his separation under the provisions of AR 135-178, paragraph 13. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Election of rights incomplete (5) Administrative Separation Board: Election of rights incomplete (6) Separation Decision Date / Characterization: 22 April 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 January 2010 / 8-year MSO b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 68R10, Veterinary Food Inspection Specialist / 2 years, 3 months, 28 days d. Prior Service / Characterizations: USAR, 26 January 2010 to 3 August 2010 / NA IADT, 4 August 2010 to 15 December 2010 / HD (continuous service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum, dated 9 December 2011, Subject: Extended Combat Training (ECT) for Soldier Readiness Processing (SRP) 17 Dec 2011 - 18 Dec 2011 with orders, indicate the applicant had not attend unit assembly (UA) training in over two months and had accumulated 20 UAs, and was ordered to attend the ECT on 17 and 18 December 2011. Affidavit of Service by Mail, dated 9 December 2011, shows the applicant was mailed "Notification of Separation Proceedings, Separation Under AR 135-178," to the last known address the applicant provide the unit. Certified Mail Receipt shows the applicant received a certified mail on 12 December 2011. Certified Mail Receipt shows the applicant received a certified mail on 6 January 2012. Affidavit of Service by Mail, dated 3 February 2012, shows the applicant was mailed "Notification of Separation Proceedings, Separation Under AR 135-178," to the last known address the applicant provide the unit. Negative counseling statements for unsatisfactory participation and that he had accumulated 24 unexcused absences with a 12-month period, were rendered on 3 January 2012; however, the applicant was not available to acknowledge or for signature. Discharge Orders, dated 8 May 2012 i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; Final Order on name change, dated 6 September 2013; DD Form 214 for ending period 15 December 2010; certificate of completing training, dated 14 October 2010; Personal Web Transcript, dated 27 April 2011; college transcript, dated 9 July 2012; copy of social security card; and high school transcript. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. 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 under other than honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record shows that on 3 January 2012, 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 the annual training on 17 and 18 December 2011, and in a separate counseling statement it indicates he missed at least 24 training assemblies within a one year period and failing to provide a valid excuse for his absences, with a general (under honorable conditions) discharge. He was advised of his rights via certified mail to his last known address on 3 February 2012. The applicant's election of rights is incomplete in the 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 his right to consult with legal counsel. On 3 February 2012, the unit commander recommended separation from the US Army Reserve (USAR). The intermediate commander reviewed the proposed action and recommended a general (under honorable conditions) discharge. The record contains documentation that shows the unit contacted the applicant on previous occasions and he refused to come in, as instructed. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced sufficient evidence, to support a change to the characterization of service granted and a change to the reason for his discharge. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further sufficient evidence in support of this request for an upgrade of the discharge. Further, 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 Army Reserve. The applicant desires to rejoin the Military Service. However, Soldiers who have served on active duty and are being processed for separation are assigned reentry codes based on their service records or the reason for discharge on a DD Form 214. Based on Army Regulation 635- 5-1 and the SPD Code/RE Code Cross Reference Table, the respective Soldier is appropriately assigned an RE code of 3 or 4 based on the narrative reason for his discharge. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former Service Member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. For discharge from the Reserve component, separation orders dictate their discharges; therefore, there is no DD Form 214. In the applicant's case, with discharge orders, there is no provision for a reentry code or the narrative reason for his discharge, except the discharge authority is AR 135-178. Based on the available 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. 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 13 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20160015515 1