1. Applicant's Name: a. Application Date: 10 May 2017 b. Date Received: 15 May 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, at the time of his separation, he was having some marital problems and was out-processing through hardship. An administration sergeant, at the time, was helping the applicant through the process and told him not to worry about the drills. He was told to try and worry about his situation and they would help him with the discharge. He states, he has been divorced since December 2015, so his marital problems are resolved. He is currently attempting to join the Air Force Reserves and be able to serve the country the way he intended to do from the beginning, and give it his best. His big brother is a SSGT, in the Air Force and he wants to join him in this career path. He would very much appreciate an upgrade as this would be the only way he would be able to join. His under other than honorable conditions discharge is preventing him from joining. In a records review conducted at Arlington, VA on 3 October 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: 18 December 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: On 5 July 2012, the applicant's commander mailed him the notification via certified mail, with a suspense of 30 days to acknowledge the notice and his rights (2) Basis for Separation: The applicant was informed of the following reasons: He failed to attend at least nine Army Reserve training assemblies within a one-year span and failed to provide a valid excuse for his absence. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: The applicant failed to respond to the notification of separation, thereby waiving his right to counsel. (5) Administrative Separation Board: The applicant failed to respond to the notification of separation, thereby waiving his right to an administrative separation board. (6) Separation Decision Date / Characterization: 3 December 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 November 2009 / 8 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-2 / 91B10, Wheeled Vehicle Mechanic / 3 years, 1 day d. Prior Service / Characterizations: IADT, 27 January 2010 - 7 July 2010 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Letter of Instructions - Unexcused Absence, dated 16 February 2012, reflects the applicant was absent from a scheduled unit training assembly (UTA) or a multiple unit training assembly (MUTA) for the following periods: 11 February 2011 (MUTA 1 and 2) 12 February 2011 (MUTA 1 and 2) Affidavit of Service by Mail, reflects the Letter of Instructions, dated 16 February 2012, was mailed to the applicant via certified mail on 23 February 2012. Letter of Instructions - Unexcused Absence, dated 6 March 2012, reflects the applicant was absent from a scheduled unit training assembly (UTA) or a multiple unit training assembly (MUTA) for the following periods: 3 March 2012 (MUTA 1 and 2) 4 March 2012 (MUTA 1 and 2) Affidavit of Service by Mail, reflects the Letter of Instructions, dated 6 March 2012, was mailed to the applicant via certified mail on 13 March 2012. Letter of Instructions - Unexcused Absence, dated 25 May 2012, reflects the applicant was absent from a scheduled unit training assembly (UTA) or a multiple unit training assembly (MUTA) for the following periods: 11 May 2012 (MUTA 1 and 2) 12 May 2012 (MUTA 1 and 2) Affidavit of Service by Mail, reflects the Letter of Instructions, dated 25 May 2012, was mailed to the applicant via certified mail on 30 May 2012. Affidavit of Service by Mail, reflects the Letter of Instructions, dated 29 June 2012, was mailed to the applicant via certified mail on 5 July 2012. i. Lost Time / Mode of Return: As described in previous paragraph 4h. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Orders 12-348-00015; and, Final Judgment of Simplified Dissolution of Marriage. 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 his under other than honorable conditions discharge to honorable. The applicant's available 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. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the available record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends he was told by an administration noncommissioned officer to not to worry about attending drills. However, 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 character of the applicant's discharge is commensurate with his overall service record. 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. The applicant requests a change to the characterization of his service in order to join the Air Force Reserves. 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 that the applicant was provided full administrative due process. 9. Board Determination: In a records review conducted at Arlington, VA on 3 October 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 AR20170008395 4