IN THE CASE OF:  	Mr. 

      BOARD DATE:  	15 November 2013

      CASE NUMBER:  	AR20130009167
___________________________________________________________________________

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 honorable and a change to the narrative reason for discharge.

2.  The applicant states, in effect, Hello My Name is Amandeep Singh.I have been in the army only about 1 and a half years. the reason i was discharged from the army was because of too many unauthorized absence. Before i all this started i never missed a drill date. Towards the end of last year i was involved in a court case in North Carolina. Which stressed me out so much i was falling into depression. My command knew about the whole situation and supported me, but i had to travel back and forth from Jacksonville, FL where i live to Jacksonville, NC where the court was. The court case is totally gone from my life now and i started going to drill like normal. my wife singed for a letter in the mail. but i had no clue of it. so when i went to my next drill i received the letter at drill and started to process as fast as i could but by then the 30 days had went by and which i had not know neither my lawyer. he received the letter from me and filed for an appeal. which by then was to late. yesterday i went to my command 4-30-2013 trying to find out information about our next drill and what should i expect to be doing as i do every drill and my SGT Massey presented me with my discharge papers. my discharge was an other then honorable discharge. as soon as i got the paper i call my lawyer and asked him if he know anything about this. he called me back and told me that we were to late and the date the letter was sent out was the day the timer started. i don't think this is right he also told me that my commander requested that my discharge would be a general under honorable conditions. i don't understand why i got such a bad discharge. i have never be in any disciplinary actions or have i never disrespected and of my command i am a good soldier. my platoon will tell you and my squad leader will say the same. please change this thank you
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			25 January 2013
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				30 April 2013
d. Reason/Authority/SPD/RE Code:		Unsatisfactory Participation, AR 135-178, 								Chapter 13, RE NIF, SPD NA
e. Unit of assignment:				489th TC Co (Seaport Ops), Jacksonville, FL
f. Current Enlistment Date/Term:		16 June 2011, 3 years
g. Current Enlistment Service:		1 year, 10 months, 20 days
h. Total Service:				5 years, 10 months, 20 days
i. Time Lost:					None
j. Previous Discharges:			USMC-060531-100530/NIF
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		88H10, Cargo Specialist
m. GT Score:					92
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NIF
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			None
u. Prior Board Review:				No
SUMMARY OF SERVICE:	

Documents found in the record show the applicant served in the United States Marine Corps 31 May 2006 to 30 May 2010.  The applicant enlisted in the United States Army Reserve on  16 June 2011 for a period of 3 years.  He was 23 years old at the time of entry and a high school graduate.  The record does not contain any evidence of acts of valor or meritorious achievements.  Based on evidence found in the record the applicant completed a total of         5 years, 10 months, and 20 days of total military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 10 January 2013, 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 missing at least 9 training assemblies within a one year period and failing to provide a valid excuse for his absences, with an under other than honorable conditions discharge.  He was advised of his rights via certified mail to his last known address (130111).

2.  The applicant’s 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 10 February 2013, the unit commander recommended separation from the US Army Reserve (USAR).  The intermediate commanders reviewed the proposed action and recommended an under other than honorable conditions discharge.  

3.  On 12 April 2013, 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 discharged from the USAR on 30 April 2013, with a characterization of service of under other than honorable conditions under the provisions of Chapter 13, AR 135-178, for Unsatisfactory Participation.

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




EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Three letters of Instructions-Unexcused Absence Memoranda, which indicate the applicant was absent from scheduled unit training assemblies (UTA's) or multiple unit training assemblies (MUTA's) dated 15 October 2012, 5 November 2012, and 8 January 2013. 

2.  Discharge Orders 13-115-00005, dated 25 April 2013.

3.  The applicant's record does not contain any recorded actions under the UCMJ or counseling statements.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application.

POST-SERVICE ACTIVITY: 

None 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, 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 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 his refusal to participate in unit drills, the applicant diminished the quality of his 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 he was never informed about his imminent 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.  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 he was not given the opportunity to seek assistance from the Inspector General of the Staff Judge Advocate; however, the record does not contain any indication or evidence of arbitrary or capricious actions by the command.  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.  

6.  The applicant requests reinstatement of his rank.  However, the applicant’s requested change does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 

7.  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.  

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: 15 November 2013           Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  0	No Change:  5
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)		AR20130009167



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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