IN THE CASE OF:  

		BOARD DATE:   22 January 2015

		DOCKET NUMBER:  AR20140006429 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her under other than honorable conditions (UOTHC) discharge, due to unsatisfactory participation, be upgraded due to lack of a family care plan (FCP).

2.  The applicant states, in effect, she was serving in the 718th Engineer Company in the U.S. Army Reserve.  She had two children and her spouse was serving on active duty.  Her commander initiated a discharge packet on her because she was unable to obtain an FCP.  She was told she did not have to attend any drills, just stay by her telephone until the discharge was completed.  She was notified that she was being counted as "unsatisfactory performance" so she went to her unit and the personnel noncommissioned officer in charge, Sergeant (SGT) L-----, changed her records.  She states that in October 2011 the action to discharge her for lacking an FCP was initiated.  For several months she was told the packet was awaiting signatures.  In May 2012, she was notified that she was being discharged for unsatisfactory participation.  She inquired about this with her unit and was told the commander had initiated both a chapter 5 discharge and a discharge due to unsatisfactory participation and the discharge due to unsatisfactory participation had been approved first.  She has also received notification from a debt collection agency that she owes the government over $6,000 for past pay and entitlements.

3.  The applicant provides copies of:

* Congressional correspondence
* letter from debt collection agency
* Birth Certificates for two children
* checklist for discharge for Failure to Obtain an FCP
* DA Form 5304 (FCP Counseling Checklist), dated 10 July 2011
* DA Forms 4856 (Developmental Counseling Statements), dated 
23 September and 23 October 2011
* memorandum notifying her the unit commander was initiating separation action against her for failing to obtain an FCP with her acknowledgement
* memorandum recommending approval of applicant's discharge for failure to obtain an FCP, dated 23 October 2011
* DA Form 4187 (Personnel Action) Subject:  Transfer, dated 23 October 2011
* DA Form 4651 (Request for Reserve Component Assignment or Attachment), dated 23 October 2011 
* DA Form 4856, dated 23 October 2011
* DA Form 4856, dated 15 March 2012
* Checklist for Involuntary Separation
* 718th Engineer Company memorandum, Subject:  Letter of Instructions - Unexcused Absence, dated 20 September 2011
* Affidavit showing the Unit Administrator (UA) mailed the 20 September 2011 unsatisfactory performance letter to the applicant
* 23 November 2011, 718th Engineer Company, memorandum, Subject:  Commander's Report for Separation under Army Regulation 135-178, Chapter 6
* 718th Engineer Company memorandum, Subject:  Letter of Instructions - Unexcused Absence, dated 23 April 2012
* Affidavit showing the UA mailed the applicant an unsatisfactory performance letter on 20 September 2011
* 718th Engineer Company, memorandum, dated 24 May 2012, Subject:  Separation under Army Regulation 135-178; Separation for Unsatisfactory Performance
* Affidavit showing the UA mailed notifications for separation to the applicant's last known address
* 718th Engineer Company memorandum, Subject:  Letter of Instructions - Unexcused Absence, dated 20 June 2012
* Affidavit showing the UA mailed the 20 June 2012 unsatisfactory performance letter to the applicant
* 24 May 2012, 718th Engineer Company, memorandum, Subject:  Recommendation for Involuntary Separation of the applicant
* 718th Engineer Company memorandum, Subject:  Commander's Report - Proposed Separation, dated 9 July 2012
* Headquarters, 926th Engineer Battalion memorandum, Subject:  Unsatisfactory Participation Packet, dated 10 August 2012
* 926th Engineer Brigade memorandum, Subject:  Unsatisfactory Participation Packet, dated 20 August 2012
* Headquarters, 412th Theater Engineer Command memorandum, Subject:  Separation under Army Regulation 135-178, Chapter 13, Unsatisfactory Participation, dated 23 September 2012
* Transaction Log (TL), dated 11 October 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 14 September 2005.  She served on active duty from 30 May 2006 to 12 June 2009; she was released from active duty in the rank of specialist/E-4.

2.  A DA Form 5304, dated 10 July 2011, shows the applicant was counseled on the need to obtain an FCP.  She was informed she had 60 days from the date of the counseling to obtain the FCP.

3.  DA Forms 4856, dated 21 September and 23 October 2011, show she failed to obtain an FCP.  

4.  A memorandum, dated 24 September 2011, informed the applicant her commander was initiating action for separation because she was unable to obtain an FCP.  She acknowledged receipt of the separation notification and waived her rights. 

5.  A DA Form 4187, dated 23 October 2011, and a DA Form 4651, dated 
23 October 2011, show she was to be reassigned to the Individual Ready Reserve (IRR) because of the pending separation action.  

6.  A 718th Engineer Company memorandum, Subject:  Letter of Instruction - Unexcused Absences, dated 20 September 2011, notified the applicant that she was absent from unit training assemblies on 2 September (2 Drills) and on
18 September 2011 (2 Drills).  She was informed that if she accumulated nine unexcused absences in a 1-year period she would become an unsatisfactory participant and she would be processed for separation.  She was also instructed to contact her unit commander if she was having family responsibilities that were causing her a hardship.  The UA certified that the memorandum was mailed to the applicant via certified mail at her last known address.  

7.  She was also notified by memorandum, dated 23 April 2012, that she was absent from unit training assemblies on 20 April (2 Drills), 21 April (2 Drills), and 22 April 2012 (2 Drills).  The UA certified the memorandum was mailed to the applicant at her last known address.
8.  A 718th Engineer Company memorandum, Subject:  Separation under 
Army Regulation 135-178, Chapter 13, Separation for Unsatisfactory Performance, informed the applicant that her commander was initiating separation action because she had missed at least nine Army Reserve training assemblies in a 1-year period without providing a valid reason for the absences.  The applicant did not acknowledge receipt.  The UA certified that the separation memorandum was mailed to the applicant via certified mail at her last known address.

9.  A memorandum, dated 20 June 2012, notified the applicant she was absent from unit training assemblies on 15 June (2 Drills), 16 June (2 Drills), and on 
17 June 2012 (2 Drills).  The UA certified the memorandum was mailed to the applicant at her last known address.

10.  On 9 July 2012, the unit commander recommended the applicant's separation with a UOTHC discharge.   

11.  The chain of command recommended approval and on 23 September 2012 the separation authority approved her discharge for unsatisfactory participation with a UOTHC discharge.  Accordingly she was discharged, effective 6 October 2012, in the rank of private/E-1.

12.  Army Regulation 135-178 (Army National Guard and Army Reserve
Enlisted Administrative Separations), in effect at the time, provides in paragraph 
13-1(a) that a Soldier is subject to discharge for unsatisfactory participation when it is determined the Soldier is unqualified for further military service because: 

	(1)  The Soldier is an unsatisfactory participant as prescribed by Army Regulation 135-91, chapter 4; and

	(2)  Attempts to have the Soldier respond or comply with orders or correspondence have resulted in—

		(a)  The Soldier’s refusal to comply with orders or correspondence; or

		(b)  A notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or

		(c)  Verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.

13.  Army Regulation 135-178, paragraph 13-3, states the characterization of service normally will be UOTHC.
DISCUSSION AND CONCLUSIONS:

1.  The applicant did not provide any evidence to substantiate her assertion that she was informed she did not have to show up for any drills pending the processing of her discharge for not having an FCP.

2.  The evidence shows she was informed that she was missing training and she failed to respond.

3.  The applicant has not shown any error, injustice, or inequity.  Therefore, there is an insufficient evidentiary basis for granting the applicant an honorable or general discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



      _______________X_________
               CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100027085



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ABCMR Record of Proceedings (cont)                                         AR20140006429



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