1. Applicant's Name: a. Application Date: 20 January 2016 b. Date Received: 24 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, that in regards to the debt notification sent to the applicant which stated that the applicant owed $6900 plus. The applicant made references on the enlistment documents and it revealed that the applicant was entitled to receive the first half of the bonus after successfully completing Basic and AIT Training and report to the reserve unit. Afterwards follows the rest every quarter of the contract completed. Prior to reporting to the reserve unit, the applicant was discharged honorably from active duty, reported to the reserve unit and began drilling with the unit until 20 May 2014, summer annual training. As stated in the contract, the $12000 bonus was divided into four portions. After in-processing, the applicant received $6000 which was taxed and took home $4500. The year of 2014, the applicant received $2000 which was taxed and took home $1200. Therefore, the applicant clearly met and qualified for the above funds. But the notification the applicant received had the applicant thinking otherwise. The applicant kindly request that a proper investigation be made regarding this issue and the above debt immediately be cancelled. The applicant is requesting that the credit history be corrected with the Credit Bureau. The applicant happened to be the bread winner of the family and also extended family. The only misconduct that the applicant would admit to is reporting to drill late sometimes. The applicant's employer only allows the applicant to take off on Saturday and Sunday only, and required the applicant to work Friday nights due to the fact that the applicant worked permanent nights. In a records review conducted at Arlington, VA on 14 June 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 / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 20 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 January 2014 (2) Basis for Separation: The applicant was informed of the following reasons: for failing to attend at least nine Army Reserve training assemblies within a one-year period for the following Unit Training Assemblies; 5 May 2013, 13 July 2013, 8 September 2013, 23 November 2013, and 26 January 2014, and failing to provide a valid excuse for his absence. The action was suspended for 45 days giving the applicant the opportunity to exercise his rights. He was informed to complete the attached endorsement acknowledging receipt of the action and indicating his election of rights. A copy of the memorandum with the completed endorsement was to be delivered to the address shown on the endorsement within 30 days from the date of his receipt of the memorandum of notification. Any statements or documents he desired to submit in his behalf were to reach the commander within 30 calendar days after he received the memorandum, unless he requested and received an extension for good cause shown. Unless an extension was granted, failure to deliver the completed endorsement within 30 calendar days of the date of his receipt of this memorandum would constitute a waiver of his rights. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 April 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 July 2011 / 8 years b. Age at Enlistment / Education / GT Score: 34 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 2 years, 10 months, 1 day d. Prior Service / Characterizations: USAR, 20 July 2011 to 18 September 2011 / NA ADT, 19 September 2011 to 3 February 2012 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Letters of Instruction reference unexecuted absences. Affidavits of Service by Mail on several occasions. Counseling statements for missing several battle assemblies. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application; Separation Orders 14-133-00025 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 his under other than honorable conditions discharge to general (under honorable conditions). 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 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. The applicant expressed his desire for consideration in regards to the debt notification sent to him which stated that he owed $6900 plus. He made references on his enlistment documents and it revealed that he was entitled to receive the first half of the bonus after he must have successfully completed Basic and AIT Training and report to his reserve unit. Afterwards follows the rest every quarter of the contract completed. Prior to reporting to the reserve unit he was discharged honorably from active duty, reported to the reserve unit and began drilling with his unit until 20 May 2014, summer annual training. As stated in his contract, the $12000 bonus was divided into four portions. After his in-processing, he received $6000 which was taxed and he took home $4500. The year of 2014, he received $2000 which was taxed and he took home $1200. Therefore, he clearly met and qualify for the above funds. But the notification he received had him thinking otherwise. He kindly request that a proper investigation be made regarding this issue and the above debt immediately be cancelled. He is requesting that his credit history be corrected with all necessary Credit Bureau. He happened to be the bread winner of his family and also extended family. His only misconduct that he would admit to is reporting to drill late sometimes. His employer only allows him to take off on Saturday and Sunday only; and required him to work Friday nights due to the fact that he worked permanent nights. He always reported to drill, she could have let it go but she did not. Evidence in the record shows that the applicant's issues relating to the cancellation of his debt based on a bonus he received was addressed by the Army Board for Correction of Military Records on 14 August 2018 (AR 20160004122). Therefore this issue will not be addressed at this time by this board. The 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 character of the applicant's discharge is commensurate with his overall service record. 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 14 June 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 AR20180009732 1