1. Applicant's Name: a. Application Date: 10 April 2017 b. Date Received: 11 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would allow reenlistment on active duty status. While serving in the US Army Reserve, the applicant's paycheck was taken monthly due to an IRS error, which the applicant has since taken steps to resolve. The command was made aware of the issue immediately, but did nothing, including putting the applicant on orders, to assist in resolving the issue over a six-month time frame. Due to the distance, the applicant could not financially afford to report to the unit as assigned for regular drill weekends. In a records review conducted at Arlington, VA on 3 August 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 Performance / AR 135- 178, Chapter 13 / NIF / General (Under Honorable Conditions) b. Date of Discharge: 9 December 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 August 2016 (2) Basis for Separation: The applicant was informed that pursuant to AR 135-178, Chapter 13, he was being processed for an involuntary separation for unsatisfactory participation. He accrued more than nine unexcused absences within a 12-month period. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Applicant's election of rights response is incomplete (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 November 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 July 2014 / 6 years (USAR) b. Age at Enlistment / Education / GT Score: 32 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 10 years d. Prior Service / Characterizations: USN (19 July 2000 to 4 June 2004) / HD USNR (5 June 2004 to 28 Jan 2006) / NA MOB (29 January 2006 to 24 October 2006) / HD USNR (25 October 2006 to 18 July 2009) / NIF USAR (31 July 2014 to 5 October 2014) / NA IADT (6 October 2014 to 6 March 2015) / HD (Continued service) e. Overseas Service / Combat Service: SWA / OEF (12 March 2006 to 25 September 2006) f. Awards and Decorations: AAM; NGCM; NDSM; GWOTEM; GWOTSM; SSDR-2 AFRM-M DEV g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to report to scheduled unit training Battle Assembly on 14 and 15 May 2016, and 2 and 3 April 2016, missing a total of eight battle assemblies; having an unsatisfactory performance; being identified as having accrued over nine unexcused absences with a one-year period; and failing to report to scheduled unit training Battle Assembly on 3 and 4 February 2016. Each counseling statement indicated the applicant was not available for signature. Letter of Instructions, dated 16 February 2016, shows absences on 3 and 4 February 2016, with a total of four unexcused absences within a year period. An Affidavit of Service by Mail, dated 17 February 2016, indicates a letter of instructions for unexcused absence was mailed 17 February 2016, to the applicant's last known address in Premont, Texas 78387, with tracking number and mail receipt 7013 1090 0001 8022 9720. Letter of Instructions, dated 5 April 2016, shows absences on 2 and 3 April 2016, with a total of 12 unexcused absences within a year period. An Affidavit of Service by Mail, dated 15 April 2016, indicates a letter of instructions for unexcused absence was mailed 15 April 2016, to the applicant's last known address in Premont, Texas 78387, with tracking number and mail receipt 7014 3490 0001 6161 3219. Letter of Instructions, dated 23 May 2016, shows absences on 14 and 15 May 2016, with a total of 16 unexcused absences within a year period. An Affidavit of Service by Mail, dated 4 June 2016, indicates a letter of instructions for unexcused absence was mailed on 4 June 2016, to the applicant's last known address in Premont, Texas 78387, with tracking number and mail receipt 7015 1730 0001 6300 3599. An Affidavit of Service by Mail, dated 24 August 2016, indicates a notification of separation was mailed on 25 August 2016, to the applicant's last known address in Sinton, Texas 78387, with tracking number and mail receipt 7014 3490 0001 6161 3325. Affidavit further shows the memorandum was delivered on 30 August 2016; however, the applicant failed to submit his response within 30 days. Memorandum, dated 5 October 2016, indicates the aforementioned mail was stamped "Return To Sender - Insufficient Address - Unable to Forward." Discharge Orders, dated 2 December 2016 i. Lost Time / Mode of Return: NIF / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 10 April 2017, with self-authored statement; USNR DD Form 214 (Draft); USN DD Form 214; and supporting statement, dated 27 February 2017. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence indicates he volunteers for his community. 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. Further, chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue during a 1 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. 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 general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The available 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 absences from participating in the annual training and unit drills. The applicant's contentions were carefully considered; however, the record shows the applicant's command attempted to contact him on several occasions and mailed the discharge notification 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 applicant contends that he was having financial issues that prevented him from attending drills 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 record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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 contends an upgrade would allow him to enlist on active duty status; however, the Board does not grant relief for the purpose of reenlisting. Further, 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, if appropriate. The available 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 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 3 August 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 AR20170009568 1