1. Applicant's Name: a. Application Date: 30 September 2017 b. Date Received: 10 October 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, the discharge was inequitable because the applicant was never formally counselled on a DA Form 4856 in regards to unsatisfactory participation or performance until the final discharge counseling. The discharge was improper because the applicant was marked absent on a day of being present for an APFT. In a Travel Panel hearing conducted at San Antonio, TX on 17 September 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: 15 December 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 18 June 2011 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he failed to attend at least nine Army Reserve training assemblies within a one year period and failed to provide a valid excuse for his absence. (3) Recommended Characterization: The unit commander recommended a General (Under Honorable Conditions) discharge. The intermediate and senior intermediate commanders recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process. (5) Administrative Separation Board: The applicant failed or refused to respond notification of separation 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 constituted a waiver of his rights. (6) Separation Decision Date / Characterization: 29 November 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 April 2010 / 8 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92S10, Shower, Laundry and Clothing Repair Specialist / 1 year, 8 months, 10 days d. Prior Service / Characterizations: IADT, 26 April 2010 to 24 August 2010 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements for unexcused absences from battle assemblies. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Southwest University transcript; Southwest University Diploma, Associate's Degree; two National Healthcareer Association certificates; US Congressman, R.O., Constituent Information and Privacy Release Form; two letters, Chief, Congressional Liaison and Inquiries; letter, US Congresswoman, V.E., and US Congresswoman, V.E., Constituent Information and Privacy Release Form. 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 below that meriting an honorable or general 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, his discharge was inequitable because he was never formally counselled on a DA Form 4856 in regards to his unsatisfactory participation or performance until his final discharge counseling. The record of evidence shows the applicant received counseling on DA Forms 4856 on 14 May 2011, 17 April 2011 and 6 March 2011 regarding unexcused absences from battle assemblies. The applicant further contends, his discharge was improper because he was marked absent on a day he was present for an APFT. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that was marked absent on a day he was present for an APFT. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Witness(es) / Observer(s) / Counsel: 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at San Antonio, TX on 17 September 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20170016940 3