1. Applicant's Name: a. Application Date: 1 October 2018 b. Date Received: 1 October 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 pertinent part and in effect, the purpose of this request is for a second chance to reenlist. The applicant was young and foolish, including being in a complicated situation at the time. The applicant can explain the situation that led to discharge, but makes no excuses. In a records review conducted at Arlington, VA on 26 July 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: 15 November 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 July 2011 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to attend regularly scheduled Battle Assemblies and Annual Training, or he has at least nine unexcused absences in a one-year period. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: (Election of Rights response left incomplete) (5) Administrative Separation Board: Waived (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: 5 November 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 December 2007 / 8-year MSO (USAR) b. Age at Enlistment / Education / GT Score: 17 / HS Letter / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 3 years, 11 months, 10 days d. Prior Service / Characterizations: USAR (6 December 2007 to 15 July 2009) / NA IADT (16 July 2009 to 24 September 2009) / HD USAR (25 September 2009 - 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: Letter, dated 9 November 2010, addressed to the applicant, states that he was absent from the scheduled unit training assembly (UTA) or multiple unit training assemblies (MUTAs) for period: on 6 and 7 November 2010, and that he accrued in four unexcused absences within a one-year period, and the next scheduled unit training assembly was on 4 December 2010. An affidavit of service by mail shows the aforementioned letter was mailed on 10 November 2010, by certified, return receipt mail. A Return Receipt shows the applicant received and signed receipt of the letter on 12 November 2010. Letter, dated 30 March 2011, addressed to the applicant, states that he was absent from the scheduled unit training assembly (UTA) or multiple unit training assemblies (MUTAs) for period: 26 and 27 March 2011, and that he accrued in 18 unexcused absences within a one-year period, that an accumulation of nine unexcused absences within a one-year period would be an unsatisfactory participant and he would be processed for separation from the Selected Reserve with by reassignment or discharge, and that the next scheduled unit training assembly was on 9 April 2011. An affidavit of service by mail shows the aforementioned letter was mailed on 30 March 2011, by certified, return receipt mail. Letter, dated 20 June 2011, addressed to the applicant, states that he was absent from the scheduled unit training assembly (UTA) or multiple unit training assemblies (MUTAs) for period: 11 and 12 June 2011, and that he accrued in 26 unexcused absences within a one-year period, that an accumulation of nine unexcused absences within a one-year period would be an unsatisfactory participant and he would be processed for separation from the Selected Reserve with by reassignment or discharge, and that the next scheduled unit training assembly was on 12 August 2011. An affidavit of service by mail shows the aforementioned letter and counseling statement 11 June 2011, were mailed on 22 June 2011, by certified, return receipt mail. An affidavit of service by mail shows a Notification of Separation, dated 15 July 2011, with DA Form 4856-R Counseling Forms, and memorandum acknowledging receipt and election of rights were mailed on 18 July 2011, by certified, return receipt mail. A Return Receipt shows the applicant received and signed receipt of the notification on 29 July 2011. i. Lost Time / Mode of Return: NIF / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), undated, and three character references. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence indicates he has been employed as a driver for a moving company and a crew leader of a service company. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. 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. Chapter 13, in pertinent part, states that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue 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 that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) discharge or an honorable discharge may be granted. 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 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 contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant expressed a desire to reenlist in the military service. However, 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 nonwaivable disqualification, thus the applicant is no longer eligible for reenlistment. In consideration of the applicant's post-service accomplishments and the quality of his service prior to any incidents that led to his discharge, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The third party statements provided with the application speak highly of the applicant's character and performance, and recognizing his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 26 July 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 AR20180014869 1