IN THE CASE OF:  	

      BOARD DATE:  	18 September 2013

      CASE NUMBER:  	AR20130005232
___________________________________________________________________________

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 her under other than honorable conditions discharge to honorable.

2.  The applicant states, in effect, the type of discharge she received was not justified or relevant. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			14 March 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				20 September 2011
d. Reason/Authority/SPD/RE Code:		Unsatisfactory Participant, AR 135-178 								Chapter 13, RE NIF, SPD NA
e. Unit of assignment:				377th QM CO (WQ7ZA1), Macon, GA 		
f. Current Enlistment Date/Term:		8 July 2008, NIF
g. Current Enlistment Service:		3 years, 2 months, 7 days
h. Total Service:				10 years, 11 months, 12 days
i. Time Lost:					None
j. Previous Discharges:			RA (001003-041002), HD										USARCG (041003-070622), NA									OAD (070623-080707), HD			
k. Highest Grade Achieved:			E-5
l. Military Occupational Specialty:		42F20, HR Information System Management 							Specialist
m. GT Score:					102
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Kuwait (070828-080611)				
q. Decorations/Awards:			ARCOM-2, AGCM, NDSM, GWOTEM 								GWOTSM, ASR, OSR
r. Administrative Separation Board: 		No
s. Performance Ratings:			Yes
t. Counseling Statements:			No
u. Prior Board Review:				No

SUMMARY OF SERVICE:		
	
The applicant served honorably in the Regular Army for four years and was transferred to the USARCG to complete her military service obligation.  She was ordered to active duty and was deployed to Kuwait for a year.  She served for a total of 10 years, 11 months, and 12 days of active and inactive service and attained the rank of SGT/E-5.  She was awarded an ARCOM-2, and an AGCM.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 15 June 2011, the unit commander attempted to notify the applicant of initiation of separation action under the provisions of Chapter 13, AR 135-178, by reason of unsatisfactory participation in the Ready Reserve, for not attending a scheduled Battle Assembly (BA) on 11 June 2010 and failed to provide a valid reason for her absence.

2.  The applicant's record contains her election of rights and a conditional waiver request; however, they are unexecuted and unsigned.  The unit commander recommended separation from the U.S. Army Reserve (USAR) with an under other than honorable conditions discharge.  The intermediate commander reviewed the proposed action and recommended an under other than honorable conditions discharge.  

3.  On 9 September 2011, the separation authority having reviewed the evidence, determined the applicant was an unsatisfactory participant in the U.S. Army Reserve.  Further, the separation authority also determined the Soldier showed no potential for useful service upon mobilization, was not eligible for the Mobilization Asset Transfer Program, and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

4.  The record contains documentation that shows the unit attempted to contact the applicant via certified mail; however, there is no proof the applicant ever received the discharge packet or attempted to contact the unit.

5.  On 15 September 2011, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 11-258-00003, discharged the applicant with an under other than honorable conditions discharge, effective 20 September 2011.  

6.  The record shows the applicant had more than 11 unexcused absences from her BAs.   

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains three NCOERs covering the period 13 May 2008 through 30 April 2011.  The first two NCOERS were successful; however, the third NCOER reflected a “Needs Improvement” in Competence and Leadership.  

2.  A DA Form 1059 (Service School Academic Report), showing she exceeded the standards for Warrior Leader Course on 6 May 2007. 

3.  The record doesn’t contain any counseling statements.

EVIDENCE SUBMITTED BY THE APPLICANT:

A DD Form 293, discharge orders, and a Congressional Inquiry.  

POST-SERVICE ACTIVITY: 

None provided with the application.

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.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, her military records, the document 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 the applicant’s discharge was appropriate because the quality of her 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 her refusal to participate in unit drills, the applicant diminished the quality of her service below that meriting a general, under honorable conditions or an 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 the type of discharge she received was not justified or relevant. 
However, the record shows the unit commander attempted to contact the applicant on several occasions and mailed the discharge packet to her 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 records show the proper discharge and separation authority procedures were followed in this case and an under other than honorable conditions discharge is normally considered appropriate.  

6.  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:  18 September 2013	Location: Washington, DC

Did the Applicant Testify?  No

Counsel: None

Board Vote:
Character Change:  2	No Change:  3
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:		No Change
Change RE Code to:			No Change
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)		AR20130005232



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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