Applicant Name:  ?????

Application Receipt Date: 2011/08/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that during the time leading up to and upon his discharge, there was some miscommunication which occurred between the US Army and himself.  In discussing the situation with his Sergeant, he was told that drill absences during his police academy and field training period were excusable, and they were being treated as unexcused absences for which formal notices and requests for response from the Army were being sent to another address.   

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 061128   Chapter: NIF       AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NIF   Unit/Location: 372nd Military Police Company, 14418 McMullen Highway Southwest, Cumberland, MD  

Time Lost: NIF

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020328    Current ENL Term: 8 Years  ?????
Current ENL Service: 	2 Yrs, 8 Mos, 1 Days ?????
Total Service:  		2 Yrs, 8 Mos, 1 Days ?????
Previous Discharges: 	AD 030224-041205/HD
                                         (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 98   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030514-040802)
Decorations/Awards: ARCOM (4), NDSM, GWOTSM, GWOTEM, AFRMw/M Device, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the complete facts and circumstances concerning the events which led to his discharge from the US Army Reserve.  However, the evidence of record shows that on 11 June 2006, the applicant was mailed a notification with the subject matter being; letter of instructions-unexcused absence to his last known adress. 
       
       On 13 July 2006, the unit commander declared the applicant an unsatisfactory participant and recommended that he be processed for separation (discharged) from the US Army Reserve under the provisions of AR 135-178.  Further, the record indicates that on 28 November 2006, DA, HQ, 99th Regional Readiness Command, Coraopolis, PA issued Orders 06-332-00042, which discharged the applicant from the US Army Reserve under the provisions of AR 135-178 with a characterization of service of general, under honorable conditions, with an effective date of discharge 28 November 2006.  

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 13 of the regulation provides in pertinent part 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 occur during a 1 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 discharge under honorable conditions or an honorable discharge may be granted. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available records for the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's characterization of service as shown on his order that discharged him from the US Army Reserve.  
       
       The applicant’s record is void of the complete facts and circumstances concerning the events which led to his discharge from the US Army Reserve.  However, the applicant’s record contains a properly constituted order which identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  The applicant’s order shows that he was discharged under the provisions of AR 135-178, by reason of unsatisfactory participation with a characterization of service as general, under honorable conditions .  
       
       The analyst noted the applicant's issue that during the time leading up to and upon his discharge, there was some miscommunication which occurred between the US Army and himself; and in discussing the situation with his Sergeant, he was told that drill absences during his police academy and field training period were excusable, and they were being treated as unexcused absences for which formal notices and requests for response from the Army were being sent to another address.  The applicant contends that he was never notified of his unit’s intent to discharge him with a general, under honorable conditions discharge.  
       
       However, 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  AR 135-178, in pertinent part, stipulates that a Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because the Soldier is an unsatisfactory participant 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 that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   
       
       Therefore, the analyst determined that the characterization of service was both proper and equitable and recommends to the Board to deny relief.
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 February 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 29 July 2011, several attached documents with various dates.  

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s available record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. 
        
IX.  Board Decision						
Board Vote:
Character - Change 1    No change 4
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????



Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110016326
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