1. Applicant's Name: a. Application Date: 11 July 2017 b. Date Received: 11 August 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 general (under honorable conditions). The applicant seeks relief contending, in effect, missed a couple of drills without excuse and was ordered to attend a participation rodeo, which would cost around $500 dollars, and the applicant could not afford it, even with being reimbursed. The applicant received discharge orders in the mail, realized what was happening, and has regretted that decision ever since. The applicant does not know if it will make a difference in Board's decision, but the commander requested a general discharge and the battalion command recommended an under other than honorable conditions discharge. The applicant is trying to reenlist in the Army Reserves and wants to serve the country and fellow Soldiers in an honorable way. In a records review conducted at Arlington, VA on 15 March 2019, 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: 10 December 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 28 June 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he failed to attend at least nine Army Reserve training battle assemblies within a one-year period, and / or failed to attend ECT, and failed to provide a valid excuse for his absence. The commander suspended the action for 30 days to afford the applicant an opportunity to exercise his rights (3) Recommended Characterization: The applicant's chain of command recommended a General (Under Honorable Conditions) characterization of service. (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process. (5) Administrative Separation Board: The applicant failed or refused to respond within 30 calendar days. Unless an extension is granted, failure to respond in writing within 30 calendar days of his receipt of the notification memorandum constitutes a waiver of his rights. (6) Separation Decision Date / Characterization: 30 November 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 April 2010 / 8 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 19K10, Armament Repairer / 2 years, 7 months, 11 days d. Prior Service / Characterizations: USAR, 30 April 2010 to 16 August 2010 / NA IADT, 17 August 2010 to 13 April 2011 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA 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: Online application (six 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 general (under honorable conditions). The applicant's record of service and the issues 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 below that meriting a general (under honorable conditions) discharge 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, he missed a couple of drills without excuse and was ordered to attend a participation rodeo, which would cost around $500 dollars, and he could not afford even with being reimbursed. The record shows that the applicant was discharged by reason of failing to attend at least nine Army Reserve training battle assemblies within a one- year period, and / or failed to attend ECT, and failed to provide a valid excuse for his absence. The applicant further contends, he received discharge orders in the mail and realized what was happening; he has regretted that decision ever since. The record shows on 2 July 2012, the notification was signed for by the applicant or the applicant's agent as indicated by the UPS Track and Confirm service. The Soldier failed to respond to the Notification. The applicant also contends, he does not know if it will make a difference in Board's decision, but his commander requested a general discharge and the battalion commander recommended an under other than honorable conditions discharge. The evidence of record also shows that the applicant's chain of command recommended a general (under honorable conditions) characterization of service. The separation approving authority approved the applicant discharge with an under other than honorable characterization of service. The applicant is trying to reenlist in the Army Reserves and wants to serve his country and fellow Soldiers in an honorable way. 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 of reentry eligibility (RE) codes if appropriate. 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 15 March 2019, 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 AR20170012196 1