1.	APPLICANT’S NAME:   

	a.	Application Date:  5 February 2013

	b.	Date Received:  23 January 2015

	c.	Counsel:  None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his under other than honorable conditions discharge characterization to general, under honorable conditions or an honorable discharge.  The applicant states, in effect, he was having family and marital problems before deploying to Afghanistan.  He did not receive any assistance with his problems from the chain of command.  He desires to reenlist after college.  

In a personal appearance conducted at Arlington, Virginia, on 13 July 2015, and by a 5-0 vote, the Board determined the discharge is improper.  The Board found the circumstances surrounding the discharge (i. e., Soldier did not receive the mailed notification of the pending separation action).  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason to Secretarial Authority.  This action entails a restoration of grade to SPC/E-4.  This action does not entail a change to the reentry eligibility (RE) code.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Unsatisfactory Participation/AR 135-178, Chapter 13/Under Other Than Honorable Conditions

	b.	Date of Discharge:  7 October 2012

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  23 March 2012

		(2)	Basis for Separation:  The applicant was informed of the following reasons for his discharge:  
                  Being absent from at least nine Army Reserve training assemblies within a one year period and failing to provide a valid reason for his absence, and

                  Failing to attend at least nine MUTA Battle Assemblies during the last 12 months

		(3)	Recommended Characterization:  Under Other than Honorable Conditions

		(4)	Legal Consultation Date:  NIF/ presume government regularity in the discharge process.

		(5)	Administrative Separation Board:  NIF/presume government regularity in the discharge process.


		(6)	Separation Decision Date/Characterization:  23 September 2012/Under Other than Honorable Conditions

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  17 January 2008/8 years/USAR

	b.	Age at Enlistment/Education/GT Score:  20 years/NIF/92

	c.	Highest Grade Achieved/MOS/Total Service:  SPC/E-4/21B10, Combat Engineer,      4 years, 9 months and 21 days
  
	d.	Prior Service/Characterizations:  OAD (10 April 2010-25 June 2010)/HD
                                                                     USAR (26 June 2010-18 November 2010)/NA
                                                                     OAD (19 November 2010-25 March 2011)/HD
                                                                                 (Concurrent Service)
  
	e.	Overseas Service/Combat Service:  SW Asia/Afghanistan (28 November 2010-8 March 2011)
  
	f.	Awards and Decorations:  NDSM, ACM-W/CS, GWOTSM, AFRM-W/”M” DEV, ASR
  
	g.	Performance Ratings:  None
  
	h.	Disciplinary Action(s)/Evidentiary Record:  A negative counseling statement notifying the applicant of initiation of separation action.

Three letters of instructions-unexcused absence dated 20 September 2011, 4 October 2011 and 9 January 2012 shows the applicant was absent from scheduled unit training assemblies or multiple unit training assemblies.
  
	i.	Lost Time:  None

	j.	Diagnosed PTSD/TBI/Behavioral Health:  The applicant was diagnosed at Fort McCoy with depression, anxiety and a dysthymic disorder and given a profile.  Subsequently, he was diagnosed at Fort Knox with major depression and provided treatment options.

5.	APPLICANT-PROVIDED EVIDENCE:  DD Form 293, self-authored statement (three pages), DD Form 214, discharge/reduction orders number 12-276-00005, letter, Congressional Liaison Inquiries with associated documents, and six requests for references; Additional documents 1, consisting of an e-mail traffic (three pages) ,active duty orders, two certificates of completion, individual sick slip, medical documents (31 pages), two DD Forms 214, released from attachment orders 166-002, active duty orders 10-013-00070, photocopy picture, and a certificate of participation; there were also numerous duplicate documents.

6.	POST SERVICE ACCOMPLISHMENTS:  The applicant states in his application he installs office furniture in Tampa, Florida and plans to attend college in the spring.




7.  REGULATORY CITATION(S):  Army Regulation 135-178 sets policies, standards and procedures to ensure the readiness and competency of the US Army while providing for the orderly administrative separation of Army National Guard and US Army Reserve enlisted Soldiers for a variety of reasons.

Chapter 13 provides for the separation of enlisted Soldiers for unsatisfactory participation with paragraph 13-3a stating that characterization of service will normally be under other than honorable conditions.

Paragraph 13-1 states 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 by AR 135-91, chapter 4; attempts to have the Soldier respond or comply with orders or correspondence have resulted in a refusal to comply or a notice sent by certified mail was refused, unclaimed or otherwise undeliverable; upon verification that the Soldier has failed to notify the chain of command of a change of address and reasonable attempts to contact the Soldier have failed; that the Soldier cannot be located; or, is in the hands of civilian authorities in accordance with paragraph 2-8 and Chapter 3 of this regulation.

8.	DISCUSSION OF ISSUE(S):  The applicant requests an upgrade of his under other than honorable conditions discharge characterization to general, under honorable conditions or honorable discharge.  The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed.

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 the unsatisfactory participation, the applicant marred the quality of his service.

The applicant seeking relief contends, he was having family and marital problems before deploying to Afghanistan.  He was a good Soldier He did not receive any assistance with his problems from the chain of command. He desires to reenlist after college.  The record of evidence does not demonstrate he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.

The applicant further contends he did not receive any assistance with his problems from the chain of command.  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 applicant desires to reenlist after college.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.

The discharge appears consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.

9.	BOARD ACTION DIRECTED:

	a.	Issue a Discharge Order:  		Yes

	b.	Change Characterization to:  	Honorable

	c.	Change Reason to:  			Secretarial Authority

	d.	SPD/RE Code Change to:  		NA/NA

	e.	Restoration to Grade:  		SPC/E-4


Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board

























Legend:
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  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20150001285

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