1. Applicant's Name: a. Application Date: 30 October 2017 b. Date Received: 21 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade an under other than honorable conditions discharge to general (under honorable conditions) and to change the reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, that during the period of bad attendance, the applicant had been diagnosed with depression. For over a year, the applicant dealt with the condition, until finally went to the doctor for help. The applicant was placed on medication. The applicant then attended the next drill and reported the medical issues to command. The applicant was not referred to consult with any medical professional, but was later removed from the US Army Reserve. The depression caused the applicant to withdraw from everything, including friends, family, and jobs. The applicant was not consistent with maintaining employments or relationships. The applicant would be more than willing to present the medical records and speak to an Army Doctor for confirmation. The applicant does not deserve a UOTH discharge due to medical diagnoses. If possible, the applicant desires to have the rank of Specialist restored, instead of PV1, a reduced rank. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no BH diagnoses while on active duty. The applicant does not have any VA records available for review. The applicant submitted civilian documentation with a diagnosis of Situational Depression. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 30 October 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: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 16 January 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 August 2013 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was an unsatisfactory participant according to Chapter 4, AR 135-91 (Service Obligations, Methods of Fulfillment Participation Requirements, and Enforcement Procedures), dated 1 February 2005. The applicant failed to attend Battle Assemblies on 6-7 April 2013, 4-5 May 2013, and 10- 11 August 2013. The unit attempted to have the applicant respond or comply with orders or correspondence, but those attempts have resulted in his verbal or written refusal to comply with the orders or correspondence which merits his separation according to AR 135-178, Chapter 13. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Failed to respond with election of rights (5) Administrative Separation Board: Waived all rights by failing to respond to notification delivered to the applicant on 25 September 2013. (According to AR 135-178, paragraph 2-9c(4), "a discharge with service characterized as [UOTHC] may be issued without board action if the [applicant] waives [his] right to board action." Paragraph 3-11a(12) provides that "[t]he right to waive the rights of paragraphs 3-11a(4)-(10), in writing ... after being afforded a reasonable opportunity to consult with counsel, and that failure to respond within 30 calendar days from the date of receipt of the notification memorandum ... will constitute a waiver of the right." (6) Separation Decision Date / Characterization: 8 January 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 February 2010 / 8-year MSO USAR b. Age at Enlistment / Education / GT Score: 17 / HS Letter / 108 c. Highest Grade Achieved / MOS / Total Service: E-4; 42A10, Human Resources Specialist / 1 year, 6 months, 18 days d. Prior Service / Characterizations: USAR (9 February 2010 to 15 June 2011) / NA IADT (16 June 2011 to 26 August 2011) /HD USAR (27 August 2011 - Continuous Service e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Letters of Instructions for Unexcused Absence, dated 9 April 2013, indicates the applicant was absent from the 6-7 April 2013, unit training assembly with an accrual of four unexcused absences within a one-year period. Affidavit of Service by Mail, dated 11 April 2013, indicates the Human Resources NCO mailed an unsatisfactory letter, dated 9 April 2013 via certified mail, restricted delivery, return receipt requested to the applicant at his last known address. Letters of Instructions for Unexcused Absence, dated 7 May 2013, indicates the applicant was absent from the 4-5 May 2013, unit training assembly with an accrual of eight unexcused absences within a one-year period. Affidavit of Service by Mail, dated 9 Ma 2013, indicates the Human Resources NCO mailed an unsatisfactory letter, dated 7 May 2013 via certified mail, restricted delivery, return receipt requested to the applicant at his last known address. Letters of Instructions for Unexcused Absence, dated 13 August 2013, indicates the applicant was absent from the 10-11 August 2013, unit training assembly with an accrual of 12 unexcused absences within a one-year period. Affidavit of Service by Mail, dated 14 August 2013, indicates the Human Resources NCO mailed an unsatisfactory letter, dated 13 August 2013 via certified mail, restricted delivery, return receipt requested to the applicant at his last known address. Affidavit of Service by Mail, dated 14 August 2013, indicates the personnel clerk mailed a notification of separation via certified mail, restricted delivery, return receipt requested to the applicant at his last known address. i. Lost Time / Mode of Return: NIF / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence: Two medical notes, dated 14 October 2013, and 6 May 2013, indicate the applicant being treated for depression/anxiety, sleep disturbance, and situational depression. 5. APPLICANT-PROVIDED EVIDENCE: Online application with two medical notes. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 accrued 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. 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. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests to upgrade his under other than honorable conditions discharge to general (under honorable conditions) and to change the reason for his discharge. The applicant's available record of service, and 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. By his refusal to participate in unit drills, the applicant diminished the quality of his service below that meriting a general (under honorable conditions) or an honorable discharge. 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 on US Army Reserve. 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 applicant's contentions regarding his behavioral health issues; in that during the period of his bad attendance, he had been diagnosed with depression and was provided medication, were carefully considered. A careful review of the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the characterization of service. The applicant requests to change the narrative reason for his discharge. However, for a discharge from the Reserve component, separation orders dictate the discharge; therefore, there is no DD Form 214, unless the applicant is discharged from an active duty assignment. In the applicant's case, with discharge orders, there is no provision for a narrative reason for his discharge, except the discharge authority is AR 135-178. The applicant requests that his rank be restored. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. 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 30 October 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 AR20170019413 1