1. Applicant's Name: a. Application Date: 26 January 2016 b. Date Received: 17 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, he returned to the US Army Reserve in 2005 for the purpose of working as an Aviation Operations Specialist, a job he could use on the outside world. Due to base realignment closure (BRAC), his unit (244th Aviation Brigade) was moved to Fort Dix, NJ as soon as he completed his school. He was then transferred to his old unit, 863rd Engineer in Kankakee, IL. He accepted a job as an Aviation Operations Specialist by volunteering for Kosovo with the Mississippi ARNG; however, when he redeployed in 2008, his unit was getting ready to deploy to Iraq. He was then further transferred to 1008th QC Detachment 1 in Peru, IL, where he drilled for two years. The main 1008th QC unit was in Granite City, where he was required to drill almost every month without orders. In turn, this caused required him to take unpaid leave from work in order for him to travel from Peru, IL to Granite City, IL, about a four-hour drive, because of having to leave on Fridays to be there to drill on Saturday mornings. And as a result, in 2010, he missed five weekends. The applicant states that he was only five months from getting out in July 2011. In his 14 years of service, he served three combat tours, twice to Bosnia and volunteered for Kosovo. His decisions were not the best ones, but he had to do what was best for his family at the time. In a records review conducted at Arlington, VA on 26 April 2017, 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: NA / AR 135-178 / NA / General (Under Honorable Conditions) b. Date of Discharge: 27 January 2011 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 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 July 2005 / 6 years, USAR b. Age at Enlistment / Education / GT Score: 29 / HS Graduate /109 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15P20, Aviation Operations Specialist, and 13B10, Cannon Crewmember / 13 years, 7 months, 18 days d. Prior Service / Characterizations: DEP, 18 August 1995 to 22 January 1996 / NA RA, 23 January 1996 to 22 January 1999 / HD USAR, 23 January 1999 to 30 September 2003 / HD (Break in Service) USAR, 23 July 2005 to 7 September 2007 / NA OEF MOB, 8 September 2007 to 31 July 2008 / HD (Continuous Service) e. Overseas Service / Combat Service: Germany, Kosovo / Kosovo (17 September 2007 to 8 July 2008) f. Awards and Decorations: AAM-3, AGCM, NDSM, KCM, GWOTSM, AFSM, ASR, AFRMM, OSR-2, NATOMDL-BS, ASUA g. Performance Ratings: 31 July 2008 thru 31 August 2008, Fully Capable 1 November 2008 thru 11 February 2009, Fully Capable 12 February 2009 thru 11 February 2010, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: There are no record of any negative statements or actions under the UCMJ. The applicant was discharged at the rank of E-5/SGT. Discharge Orders, dated 20 January 2011 i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; Chronological Statement of Retirement Points, dated 22 June 2016; copy of IWS-TAPBD-R; Pre-separation Counseling; and Pre- separation Counseling Checklist. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. After carefully examining the applicant's military records, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the US Army Reserve. However, the record contains a properly constituted discharge orders. This document identifies characterization of the discharge under the provisions of AR 135-178, and government regularity is presumed in the discharge process. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Although the applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated any acts of misconduct or poor duty performance, such that he should have been retained in the US Army Reserve, 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone would 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. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete 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. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents of misconduct that led to his discharge, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. Based on the available 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 April 2017, 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: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160003113 1