IN THE CASE OF:  	Mr 

      BOARD DATE:  	15 May 2013

      CASE NUMBER:  	AR20120022718
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.





      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his discharge from under other than honorable conditions to general, under honorable conditions.

2.  The applicant states, in effect, that he enlisted into the Army Reserve and completed all training requirements up to his relocation date from Washington State.  He officially informed his unit (671st Engineer Company, Detachment 1, Everett, WA); of his reasons for relocating and that he did not wish to terminate his military service.  Upon arrival in Texas, he continued to attend and perform his monthly drill status with the 284th Engineer Company.  He believed that he was up front and took all the necessary steps to inform his chain of command of his intensions and family situation with moving out of state.  All the documentation and other notifications of his discharge came to him after the fact and now he is placed in this situation of having a Bad Conduct Discharge (sic) in his records. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		30 November 2012
b. Discharge received:			Under Other Than Honorable Conditions
c. Date of Discharge:			21 February 2012
d. Reason/Authority/SPD/RE:		Unsatisfactory Participation, Chapter 13-1, 							AR 135-178 
e. Unit of assignment:			671st Engineer Company, Detachment 1, Everett, 						WA 
f. Current Enlistment Date/Term:  	17 February 2009, 6 years
g. Current Enlistment Service:  	03 years, 00 months, 04 days
h. Total Service:			03 years, 00 months, 04 days
i. Time Lost:				NA
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	21C10, Bridge Crewmember
m. GT Score:				108
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the United States Army Reserve on 17 February 2009, for a period of six years.  The applicant required a medical waiver at the time of enlistment which was approved on 9 February 2009.  He was 19 years old at the time of entry and was a high school graduate.  The applicant’s record does not document any acts of valor or significant achievements.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant provided copies of his Case Separation Documents which show that on        24 May 2011, the unit commander attempted to notify the applicant of initiation of separation action under the provisions of Chapter 13, paragraph 13-1, AR 135-178, by reason of unsatisfactory participation for having unexcused absences from 9 or more Unit Training Assemblies or his absence from Extended Combat Training as defined by AR 135-91, 
Chapter 4.

2.  On 24 May 2011, the unit commander recommended an under other than honorable conditions discharge.  The remaining separation documents submitted by the applicant were not authenticated.

3.  The record indicates that on 13 February 2012, DA HQS, 88th Regional Support Command, Fort McCoy Wisconsin, Orders number 12-044-00004,  discharged the applicant from the Army Reserve, effective 21 February 2012, with an under other than honorable conditions discharge.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There are no counseling statements or UCMJ actions in the available record.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293; discharge orders, dated 13 February 2012; a request for a Congressional Inquiry, dated 21 September 2012; a Congressional Inquiry, dated 18 October 2012; an email correspondence (the applicant’s attempt to contact the unit with his new address), dated 20 January 2010; Case Separation Documents, 19 pages; an email correspondence from the applicant’s mother; a copy of DA Form 1380 and bank statements, 18 pages; and email correspondence, 11 pages.  

POST-SERVICE ACTIVITY: 

The applicant states that he is attending college. 

REGULATORY AUTHORITY  

1.  Army Regulation 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.  Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills accrue 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.   

2.  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.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  Based on the copy of the Separation Packet, 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.  By his unsatisfactory participation on scheduled drills and unit assemblies, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or an honorable characterization of service.  

3.  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.  

4.  The applicant contends he officially informed his unit of his reasons for relocating and that he did not wish to terminate his military service.  Upon arrival in Texas, he continued to attend and perform his monthly drill status with the 284th Engineer Company.  All the documentation and other notifications of his discharge came to him after the fact.  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.  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.

5.  The applicant contends the discharge was unjust because he attempted to contact his old unit with his new address and that he participated in Reserve Duty training at the 284th Engineer Company in Texas without transference actions.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has provided no additional corroborating and supporting documentation or further evidence with the request for an upgrade of his discharge. 

6.  The records show the proper discharge and separation authority procedures were followed in this case.  

7.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review    Date:  15 May 2013        Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: 	NA 

Board Vote:
Character  	Change:  1	No Change:  4
Reason	Change:  0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	NA
Other					NA




Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120022718



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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