1. Applicant's Name: a. Application Date: 19 August 2016 b. Date Received: 9 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 general (under honorable conditions). The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of gaining employment. The applicant contends he received a general (under honorable conditions) discharge prior to his current discharge, his discharge was due to an unfortunate misunderstanding with his previous unit. However, he took steps to rectify the matter and was given another opportunity to continue his military service by joining another unit. Upon learning the location of his unit he made it known that drill would be hard to get to given there was no public transportation from his residence. He was told that other Soldier's in his unit were known to travel through the general area and he would be contacted so that he could ride with them but he was never give that information. He signed up with the unit, which was clearly out of his traveling range, to continue his military service with honor under the notion that he would have a way to get there. The ending result was that he missed too many drills and was demoted from PV2 to PV1 and given a discharge which defeated the purpose of his continuing his military service. He contends he is currently employed as a Slot Technician for Advanced Gaming Associates to provide for his family, his job requires him to apply for gaming licenses in various states, which requires his military records as part of the application paperwork and he is afraid that his current discharge status would negatively affect his application in some if not all states which would diminish his ability to continue to provide for his household. In a records review conducted at Arlington, VA on 1 November 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 / Under Other Than Honorable Conditions b. Date of Discharge: 13 November 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 May 2012 (2) Basis for Separation: The applicant was informed of the following reason: for having accrued 48 unauthorized absences from scheduled unit training assemblies in a 1 year period. (3) Recommended Characterization: Under Other Than 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. 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: 24 October 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 December 2010 / Until Terminal Dated of Reserve/Military Service Obligation (28 February 2015) b. Age at Enlistment / Education / GT Score: 25 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 5 years, 8 months, 13 days d. Prior Service / Characterizations: ARNG, 1 March 2007 to 27 March 2007 / NA ADT, 28 March 2007 to 13 July 2007 / HD ARNG, 14 July 2007 to 1 September 2008 / GD USARCG, 2 September 2008 to 13 December 2010 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None 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; current and previous discharge orders; and letter from current employer confirming employment status. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states that he is currently employed as a Slot Technician for Advanced Gaming Associates 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. 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 accruing 48 unauthorized absences from scheduled unit training assemblies in a 1 year period. 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 not receiving information from his unit reference assistance with his travel to and from training assemblies. 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 his unit had an obligation or requirement to insure he was provided with transportation to and from his training assemblies. The applicant's statements 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 applicant expressed his desire for an upgrade of his discharge for the purpose of gaining employment. The applicant is to be commended on his post-service accomplishment, relating to his current employment; however, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. 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 1 November 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160016015 1