1. Applicant's Name: a. Application Date: 14 March 2017 b. Date Received: 21 March 2017 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. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to reenlist in the military. He contends that while enlisted he desired to serve his country passionately, however he made mistakes along the way and took his opportunity for granted. He also encountered life changing events, to include a terrible car accident in 2011 that totaled his car and left him with no transportation for years, and the following year both his maternal and paternal grandmother's passed away. Both women were strong role models in his life and he dealt with their passing his own way instead of seeking professional help. At this time he began to miss his drill weekends to the point where it became too much and his unit decided to part ways with him. He contends that although deserving of being separated, he believes the discharge he received was not warranted. He is now at a point in his life where he desires to serve his country again. He feels that he can do this by reenlisting in the military and having a long career devoted to service. In a records review conducted at Arlington, VA on 26 September 2018, 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 / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 1 January 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 February 2012 (2) Basis for Separation: The applicant was informed of the following reasons: for having been absent from at least nine Army Reserve training assemblies within a one-year period and failing to provide a valid reason for his absence. He failed to attend 9 or more MUTA's in a 12 month period. The action was suspended for 45 days go give the applicant the opportunity to exercise his rights. He was informed to complete the attached endorsement acknowledging receipt of the action and indicating his election of rights. A copy of the memorandum with the completed endorsement was to be delivered to the address shown on the endorsement within 30 days from the date of his receipt of the memorandum of notification. Any statements or documents he desired to submit in his behalf were to reach the commander within 30 calendar days after he received the memorandum, unless he request and received an extension for good cause shown. Unless an extension was granted, failure to deliver the completed endorsement within 30 calendar days of the date of his receipt of this memorandum would constitute a waiver of his right in. Evidence in the record shows that the certified mail sent to the applicant at (Pampas Drive, Montgomery, AL) which was delivered and signed for on 9 March 2012. The applicant did not respond and thereby waived his rights to a board. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 July 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 April 2008 / 8 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 4 years, 8 months, 2 days d. Prior Service / Characterizations: USAR, 30 April 2008 to 4 June 2008 / NA ADT, 5 June 2008 to 9 August 2008 / NIF USAR, 10 August 2008 20 May 2009 / NA ADT, 21 May 2009 to 7 August 2009 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Several negative counseling statements reference his unsatisfactory participation and notification of separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 under other than 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 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 that he desired to serve his country passionately, however he made mistakes along the way and took his opportunity for granted. He also encountered life changing events, to include a terrible car accident in 2011 that totaled his car and left him with no transportation for years, and the following year both his maternal and paternal grandmother's passed away. Both women were strong role models in his life and he dealt with their passing's his own way instead of seeking professional help. At this time he began to miss his drill weekends to the point where it became too much and his unit decided to part ways with him. He contends that although deserving of being separated, he believes the discharge he received was not warranted. He is now at a point in his life where he desires to serve his country again. He feels that he can do this by reenlisting in the military and having a long career devoted to service The applicant's contentions were noted; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist in the military. However, 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 26 September 2018, 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 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 AR20170003974 1