1.	APPLICANT’S NAME:  

	a.	Application Date:  20 March 2015

	b.	Date Received:  23 March 2015

	c.	Counsel:  None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant request an upgrade of his general, under honorable conditions discharge characterization of service to honorable and a change to the narrative reason for separation.  The applicant states, in effect, after he went to school his unit went to Iraq and he was transferred to a unit over 50 miles from his home.  He spoke with someone in charge and had the understanding he was going to be put in the IRR.  The evidence of record shows the applicant had a prior board review on 10 June 2014.  In a personal appearance review conducted at Arlington, Virginia, on 10 April 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

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

	b.	Date of Discharge:  24 July 2012

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  13 February 2012 and again 12 March 2012

		(2)	Basis for Separation:  The applicant was informed of the following reasons:  

			(a)	  Unsatisfactory Participation, for missing at least nine or more training assemblies within a one year period

			(b)  Failing to attend or complete annual training, and 

			(c)  Failing to obtain a unit of assignment during a leave of absence granted IAW         AR 135-91, Chapter 4, and Section IV

		(3)	Recommended Characterization:  General, Under Honorable Conditions on             13 February 2012 and an Under Other than Honorable Conditions on 12 March 2012

		(4)	Legal Consultation Date:  NIF/Election of rights memorandum was not completed

		(5)	Administrative Separation Board:  NIF

		

	(6)	Separation Decision Date/Characterization:  10 July 2012/Under Other than Honorable Conditions

4.	SERVICE DETAILS:  

	a.	Date/Period of Enlistment:  5 April 2005/8 years

	b.	Age at Enlistment/Education/GT Score:  24 years/HS Graduate/104

	c.	Highest Grade Achieved/MOS/Total Service:  E-5/09L20, Translator/7 years,               3 months, and 19 days

	d.	Prior Service/Characterizations:  ADT-051118-071117/HD (Concurrent Service)

	e.	Overseas Service/Combat Service:  Southwest Asia/Iraq (051131-061207)

	f.	Awards and Decorations:  ARCOM, AAM, NDSM, GWOTSM, ICM, ASR, OSR,    AFRM-w/M Device, CAB

	g.	Performance Ratings:  Yes

	h.	Disciplinary Action(s)/Evidentiary Record:  Two NCOER's covering the period 4 June 2008 to 3 June 2010.  The applicant was rated as marginal and received a fair rating from the senior rater

Notification of dismissal from the Human Intelligence Collector Phase II Class dated                  23 February 2010, for failing to meet academic standards as stated in the Course Managers Guide

Negative counseling statement dated 4 November 2011, for accumulating 44 unexcused absences within a continuous 12 month period

	i.	Lost Time:  None

	j.	Diagnosed PTSD/TBI/Behavioral Health:  NIF

5.	APPLICANT-PROVIDED EVIDENCE:  An online application

6.	POST SERVICE ACCOMPLISHMENTS:  None

7.	REGULATORY CITATION(S):  Army Regulation (AR) 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.  AR 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills accrue during a one-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.

Army policy states 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.

8.	DISCUSSION OF ISSUE(S):  The applicant request an upgrade of the characterization of his discharge and a change to his narrative reason for discharge.  The applicant’s record of service, the documents and the issues submitted with the application were carefully considered.  

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.  The applicant's acts of missing at least nine or more training assemblies within a one year period, failing to attend or complete annual training, failing to obtain a unit of assignment during a leave of absence granted IAW AR 135-91, Chapter 4, Section IV, and being dismissed from the Human Intelligence Collector Phase II Class, diminished the quality of his service below that meriting a honorable or general, under honorable conditions discharge.

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.  

The applicant seeks relief contending he was assigned to a unit over fifty miles from his home.  He spoke to a person in charge and was told he would be put in the IRR.  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 he was transferred to another unit or that he would be transferred to the IRR.  

The applicant’s statements alone does not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge.

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





9.	BOARD ACTION DIRECTED:  

	a.	Issue a new Discharge Order:  		No
	
	b.	Change characterization to:  		No Change

	c.	Change Reason to:  				No Change

	d.	SPD/RE Code Change to:  			No Change

	e.	Restoration to Grade:  			NA


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

AR20150005187

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