1. Applicant's Name: a. Application Date: 23 February 2018 b. Date Received: 25 March 2018 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, during the time in IRR, the applicant moved around a lot and did not know about being ordered to active duty. The applicant did not become aware of this until the applicant attempted to reenlist and was ineligible due to failing to report for active duty. The applicant never received any contacts attempts. The applicant feels that preventing one from reenlisting due to this single offense and failure to update contact information after faithful service is inequitable. The applicant desires to serve the country again. In a records review conducted at Arlington, VA on 13 November 2019, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, a prior period of honorable service, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 135-178, Paragraph 12-1d / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 14 April 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 9 November 2010 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was ordered to active duty and he failed to report. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: The record does not contain the applicant's completed election of rights and government regularity is presumed in the discharge process. On 9 November 2010, the commander (COL, CA Commandant) suspended the separation action for 45 days to afford the applicant the opportunity to consult with legal counsel and exercise his legal rights. The applicant had to respond within 30 calendar days after receipt of the notification memorandum, unless he requested and received an extension. Failure to respond within 30 calendar days of the date of his receipt of this memorandum would constitute a waiver of his rights. The record of evidence shows that the applicant did not respond within the time frame allocated. (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 11 April 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 November 2005 / USAR / 8 years / 5 November 2003 / 21 January 2004 / 1 month extension / 13 September 2004 / 28 November 2005, transferred to the US Army Reserve to complete military service obligation date of 4 November 2011. Extension of service was at the request and for the convenience of the government. b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 127 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91W10, Health Care Specialist / 7 years, 5 months, 10 days d. Prior Service / Characterizations: UASR, 5 November 2003 to 20 January 2004 / NA RA, 21 January 2004 to 27 November 2005 / HD e. Overseas Service / Combat Service: Korea f. Awards and Decorations: ARCOM, AGCM, NDSM, GWOTSM, KDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); memorandum, CPT N.L.H., five requests for references; and a DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 establishes policy and prescribes procedures for separating members for misconduct. 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. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting a general or an honorable discharge at the time of separation. 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 Active Duty. The applicant seeks relief contending, in effect, during his time in IRR, he moved around a lot and he did not know he was ordered to active duty; he did not become aware of this until he attempted to reenlist and was ineligible due to failing to report for active duty; and he never received any contacts attempts. Army Regulation 135-178, in pertinent part, stipulates that a Soldier is subject to discharge for failing to report for active duty when it is determined the Soldier is unqualified for further military service because 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 further contends, he feels that preventing him from reenlisting due to this single offense and failure to update his contact information after his faithful service is inequitable. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization of service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant desires to serve his country again. 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 November 2019, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, a prior period of honorable service, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20180005242 1