IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 August 2013

      CASE NUMBER:  	AR20130003744
___________________________________________________________________________

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 under other that honorable conditions discharge to honorable.

2.  The applicant states, in effect, that he had permission to be absent from drill.  He turned in medical documents from the VA and his platoon sergeant said it was okay.  Initially, he and his platoon sergeant kept in touch by phone and text and then she stopped responding when he tried to contact her.  He moved from Nashville to Alabama for a job and submitted a change of address; however, he never received a letter telling him he was demoted or discharged.  He was finally granted a 50 percent disability rating for his PTSD and contacted the unit administration sergeant and was then told that he had been discharged.  He gave them his new address and they then sent him a letter saying he had been discharged for non participation and demoted to E-1.  He feels that this is inequitable because he sacrificed and his family sacrificed a lot for their country.  He would also like his rank restored and he would fulfill his commitment if possible. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 February 2013	
b. Discharge Received:		Under Other Than Honorable Conditions 
c. Date of Discharge:			9 October 2011	
d. Reason/Authority/SPD/RE Code:	Unsatisfactory Participation, Chapter 13, AR135-178, 							NIF, NIF	
e. Unit of assignment:			861st QM Co, Nashville, TN			
f. Current Enlistment Date/Term:	26 March 2010, 4 years
g. Current Enlistment Service:	1 years, 6 months, 13 days
h. Total Service:			7 years, 10 months, 1 day
i. Time Lost:				None
j. Previous Discharges:		ARNG	(011129-020304), NA
						IADT	(020305-020726), HD
						ARNG	(020727-041209), HD
						RA	(041210-060319), HD
						RA	(060320-080317), HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	74D20, Chemical Operations Supply
m. GT Score:				99
n. Education:				HS Graduate
o. Overseas Service:			South West Asia (dates are NIF)
p. Combat Service:			Iraq (dates are NIF)
q. Decorations/Awards:		NDSM, GWOTEM, GWOTSM, AFRM-M2, ASR, OSR 
r. Administrative Separation Board: 	None
s. Performance Ratings:		Yes
t. Counseling Statements:		No
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
After serving in the ARNG and in the Regular Army between 2001 and 2008, the applicant enlisted in the Army Reserve on 26 March 2010, for a period of 4 years.  He was 27 years old at the time of his entry into the USAR, was a high school graduate, served in Iraq, and completed a total of 7 years, 10 months, 1 day of active and inactive service.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 22 August 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation, for failure to attend annual training, with an under other than honorable conditions discharge.  He was advised of his rights via certified mail on two occasions, the first time on 31 July 2011 and the second notice was mailed on 25 August 2011.

2.  The applicant’s executed election of rights is not contained in the available record.  However, the unit commander indicated in the notification letter that he was suspending the separation action for 45 days, to allow the applicant with the opportunity to exercise his right to consult with legal counsel.  On 22 August 2011, the unit commander recommended separation from the US Army Reserve (USAR).  The intermediate commander reviewed the proposed action and recommended an under other than honorable conditions discharge.  

3.  On 20 September 2011, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

4.  The applicant was separated on 9 October 2011, under Army Regulation 135-178, Chapter 13, for unsatisfactory participation, with an under other than honorable conditions discharge.

5.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

The record does not contain any UCMJ actions or evaluations for the period of enlistment under review.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an on-line application, and discharge orders 11-277-00122.


POST-SERVICE ACTIVITY: 

None were provided by the applicant.

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 acrue 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.  

3.  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.

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, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms that 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 the misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge.  

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 that he had good service in which he and his family sacrificed for their country.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge.

5.  The applicant contends he has been diagnosed with PTSD by the VA.  However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

6.  The applicant contends he had permission from his platoon sergeant to miss drill and that he provided medical excuses.  However, 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.  

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

8.  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:  21 August 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 Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		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)		AR20130003744



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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