1. Applicant's Name: a. Application Date: 31 January 2017 b. Date Received: 3 February 2017 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 honorable. The applicant seeks relief contending, in effect, his unit never followed up on his medical condition. His discharge was decided without a copy of the trial transcript provided to him. In a records review conducted at Arlington, VA on 18 May 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 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 9 May 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 12 December 2012 and 16 February 2013 (2) Basis for Separation: On 12 December 2012, he failed to attend 42 UTAs drills on 20-21 April 2012, 19-20 May 2012, and 2 June 2012. The unit has attempted to get him to respond or comply with orders or correspondence, these attempts have resulted in his verbal or written refusal to comply with the orders or correspondence which merits his separation in accordance with AR 135- 178. On 18 December 2012, the applicant voluntarily waived his right to a hearing before an administrative separation board on the condition that upon separation his service would be characterized as honorable. On 16 February 2016, the applicant was informed again of the following reasons for his discharge; he accrued at least nine unexcused absences from Army Reserve battle assemblies within a one-year period and a notice directing him to respond to the commander was sent to his last known address was returned as undeliverable. The separation action was suspended for 30 days to give the applicant the opportunity to exercise his rights. The commander suspended the action for 30 days to give the applicant an opportunity to exercise his rights. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process. (5) Administrative Separation Board: Unless an extension is granted, failure to deliver the completed endorsement within 30 calendar days of the date of his receipt of this memorandum constituted a waiver of his rights to counsel and an administrative separation board. (6) Separation Decision Date / Characterization: 9 April 2013 / Under Other Than Honorable Conditions / The applicant was reduced to the lowest enlisted grade. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 January 2009 / 8 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / 88M10, Motor Transport Operator / 4 years, 3 months, 27 days d. Prior Service / Characterizations: IADT, 16 February 2009 to 26 June 2009 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: ARCAM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements for missing drills. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); applicant's letter to the ADRB; letter, Director, Case Management Division; two DD Forms 214; and Chapter 13 separation file including medical documentation (93 pages). 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 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, such that he should have been retained in the US Army Reserve. The applicant seeks relief contending, his unit never followed up on his medical condition. 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 applicant further contends, his discharge was decided without a copy of the trial transcript provided to him. The record shows the unit commander attempted to contact the applicant on several occasions and mailed the discharge packet to his last known address via certified mail. Army Regulation 135-178, in pertinent part, stipulates that a Soldier is subject to discharge for unsatisfactory participation when it is determined the Soldier is unqualified for further military service because the Soldier is an unsatisfactory participant as prescribed in Chapter 4, AR 135- 91 and attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier's refusal to comply with such orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. 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 18 May 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 AR20170006349 1