1. Applicant's Name: a. Application Date: 28 November 2018 b. Date Received: 4 December 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, the father has suffered kidney failure for the past 10 plus years. Due to many doctors' visits with the father and being there for moral support for the family, the applicant was unable to attend drills. The unit was not very understanding during this tough time and offered no support for the applicant or family. In a records review conducted at Arlington, VA on 28 August 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 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 13 November 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 29 February 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he failed to report to Battle Assembly as directed on 8 January 2012. In accordance with AR 135-91, Chapter 4, this constitutes Unsatisfactory Participation in the Ready Reserve; and he failed to report to the unit Battle Assembly for several months without being properly excused. During this time he accrued well over 9 U's; and he received a counseling statement describing the need to alter this behavior on 14 August 2011, yet his failure to report for BA shows that he had not. The commander suspended the action for 30 days to afford the applicant an opportunity to exercise his rights. (3) Recommended Characterization: The unit and intermediate commanders recommended a General (Under Honorable Conditions) discharge. The senior intermediate commander recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process. (5) Administrative Separation Board: The applicant failed or refused to respond within 30 calendar days. Unless an extension is granted, failure to respond in writing within 30 calendar days of his receipt of the notification memorandum constituted a waiver of his rights. (6) Separation Decision Date / Characterization: 24 October 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2007 / 8 years b. Age at Enlistment / Education / GT Score: 18 years/ HS Graduate / 85 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 5 years, 1 month, 13 days d. Prior Service / Characterizations: NIF e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements for failing to attend unit battle assemblies; and being considered for separation from the Army Reserve. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); discharge orders 12-311- 00095; and Massachusetts General Hospital medical documents (46 pages). 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 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 below that meriting an honorable discharge 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, such that he should have been retained in the US Army Reserve. The applicant seeks relief contending, his father has suffered kidney failure for the past 10 plus years; and due to many doctors' visits with him and being there for moral support for his family he was unable to attend drills. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant further contends, his unit was not very understanding during this tough time and offered no support for him or his family. 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 28 August 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 AR20190000065 1