1. Applicant's Name: a. Application Date: 15 June 2018 b. Date Received: 15 June 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, he was attached to a unit based 250 miles from his home unit. He received several awards and was promoted three times. He was honorable discharged from active duty in September 2007. He notified his unit the distance to travel for drills was beyond reasonable commuting distance per CFR100.6(E)(1). He requested transfer to the IRR and was told he would be transferred to the IRR. His commander told him not to worry about the unexcused letters and his situation clearly called for transfer to the IRR. He received his approved IRR transfer packet signed by the commander on 14 July 2009. In August 2009, he received a notice he had been separated with an under other than honorable conditions character of service. He served honorably and was not given the proper administrative support when he returned from Iraq. His lack of administrative help directly resulted in his discharge. In a records review conducted at Arlington, VA on 28 October 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, prior period of honorable service and administrative irregularity. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 135-178, Chapter 15 and the narrative reason for separation to Secretarial Authority. (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: 12 August 2009 c. Separation Facts: No (1) Date of Notification of Intent to Separate: 22 April 2009 (2) Basis for Separation: The notification memorandum is not contained in the available record. However, the unit commander's recommendation memorandum shows the applicant was informed of the following reasons for his discharge; he failed to attend 24 UTAs within a one-year period, he failed to attend training on 3-5 April 2009, 20-22 March 2009, 10 January 2009, 6 December 2008, 22-23 November 2008, 18-19 October 2008 and 20 Sep 2009; he has proven unwilling to fulfill his responsibility to the unit and the Army Reserve; and he will not show up to Battle assembly, which leads me (unit commander) to believe he would not show for mobilization. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: The applicant's executed election of rights is not contained in the available record and government regularity is presumed in the discharge process. (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 July 2004 / 8 years b. Age at Enlistment / Education / GT Score: 17 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 5 years, 1 month, 6 days d. Prior Service / Characterizations: USAR, 7 July 2004 to 9 August 2004 / NA IADT, 10 August 2004 to 7 December 2004 / UNC USAR, 8 December 2004 to 10 May 2006 / NA AD, 11 May 2006 to 26 September 2007 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Kuwait / Iraq, 28 August 2006 to 26 August 2007 f. Awards and Decorations: ARCOM, AGCM, NDSM, ICM, GWOTSM, AFRM - "M" DEV, ASR, OSR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; documents photocopies (two pages); Mistras memorandum, work schedule; PetroChem Inspection Services, personnel certification record; METCO, certification record; two METCO Training Certificates; API 570 Training Certificate; American Petroleum Institute, API-Piping Inspector Certification Examination; API Individual Certification Programs Certificate; Irata Rope Access Technician Assessment Form; Memorandum, unit commander's recommendation for transfer; IRR reassignments; Personnel Action, applicant's request for transfer to IRR; two Requests for Reserve Component Assignment or Attachment; two Developmental Counseling Forms (four pages), regarding to transfer to the IRR, applicant unavailable for signature; Discharge Orders 09-223-0036; Certificate of Achievement; ARCOM Certificate; and CAB Certificate. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to the former Soldier's discharge from the US Army Reserve. However, the record shows on 12 August 2009, DA, HQS, 103rd Expeditionary Sustainment Command, Des Moines, IA, Orders 09-223-00036, discharged the applicant from the US Army Reserve, effective date; 12 August 2009, with an under other than honorable conditions discharge. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant seeks relief contending, he was attached to a unit based 250 miles from his home unit; and he notified his unit the distance to travel for drills was beyond reasonable commuting distance per CFR100.6(E)(1). The record of evidence (Personnel Action), shows the applicant requested a transfer to the IRR because he was employed Mistras Prudhoe Bay, Alaska and the nearest military installation was 500 miles away. The applicant further contends, he received several awards and was promoted three times; and he was honorable discharged from active duty in September 2007. 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 also contends, he requested transfer to the IRR and was told he would be transferred to the IRR; his commander told him not to worry about the unexcused letters and his situation clearly called for transfer to the IRR; and he received his approved IRR transfer packet signed by the commander on 14 July 2009. The record of evidence further shows the unit commander signed the applicant's (DA Form 4187) request for transfer to the IRR and recommended approval of the transfer. The applicant additionally contends, in August 2009, he received a notice he had been separated with an under other than honorable conditions character of service. His discharge packet was mailed to his last known address via certified mail. Army Regulation 135-178, in pertinent part, stipulates a Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because of unsatisfactory participation as prescribed by AR 135-91, Chapter 4; 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 the Soldier failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Lastly, the applicant contends, he served honorably and was not given the proper administrative support when he returned from Iraq; and his lack of administrative help directly resulted in his discharge. The record of evidence shows that the applicant was notified he was being discharge for failing to attend 24 UTAs within a one-year period, unwilling to fulfill his responsibility to his unit and the Army Reserve and his unit commander believed he would not show for mobilization. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 October 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, prior period of honorable service and administrative irregularity. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 135- 178, Chapter 15. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Authority to: AR 135-178, Chapter 15 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 AR20180009347 1