1. Applicant’s Name: a. Application Date: 4 June 2015 b. Date Received: 8 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant seeks relief contending, in effect, he was told by his commander that she would grant him an honorable discharge. He never received a counseling or anything informing him that he would receive a negative discharge. He had received a new job and was going through therapy for a medical procedure he received while he was mobilized. In a records review conducted at Arlington, VA on 26 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: NIF / AR 135-178 / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 20 December 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date/Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 5 December 2003 / 8 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-4 / 91S10, Preventive Medicine Specialist / 4 years and 16 days d. Prior Service/Characterizations: USAR, 5 December 2003 – 28 October 2004 / NA OAD, 29 October 2004 – 27 January 2006 / HD e. Overseas Service/Combat Service: None f. Awards and Decorations: GWTSM, ASR g. Performance Ratings: NIF h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None; however, Line of Duty documents in the record, dated 4 January 2006, indicate the applicant tore his right ACL while playing basketball in November 2004. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 4 June 2015, and a self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has gone to school and is now working as a contractor with the USDA. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. 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 FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant’s available record of service, the documents and the issues submitted with the application were carefully reviewed. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the US Army Reserve. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that he was told by his commander that she would grant him an honorable discharge from his unit. He never received a counseling or anything informing him that he would receive a negative discharge. The applicant’s contentions were noted; however, a determination on whether his contentions have merit cannot be made because the facts and circumstances leading to the discharge are unknown. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. Evidence in the available record shows the applicant suffered an injury to his ACL in November of 2004; however, the available medical documents are void of any indication that the applicant was suffering from a disabling medical condition that would have warranted his separation processing through medical channels. The applicant has gone to school and is now working as a contractor with the USDA. The applicant’s post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on his post-service accomplishments. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. The discharge was 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 DETERMINATION: In a records review conducted at Arlington, VA on 26 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010001 1