1. Applicant's Name: a. Application Date: 6 June 2016 b. Date Received: 9 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that his current characterization of service will be detrimental to his future especially when it comes to future employment. The applicant contends in October 2001 he was arrested by a corrupt sheriff that he formerly was employed by for supposedly stealing helicopter parts. In November 2002 he plead guilty to a less than misdemeanor charge of Misconduct in Officer under the advice of his attorney due to facing additional charges by the corrupt sheriff. He was honorably discharge for the South Carolina Army Nation Guard in January 0f 2003 and was assigned to the Inactive Ready Reserves (IRR). In September of 2008 he was contacted by the United States Army Reserve and asked if he would be interested in joining the 339th Corp Support Airplane Company and deploy to Iraq in support of Operation Iraqi Freedom flying surveillance airplanes. He completed a truthful SF 86 (background check for secret clearance) and immediately awarded the clearance. He deployed to Iraq in April 2010 and served honorably through October 2010. Later his unit changed their designation to a military intelligence unit and required all member to apply for Top Secret clearance which he did and received never denying his arrest record. In the beginning of 2013 the unit was looking for volunteers to deploy for one year to Afghanistan which he volunteered for but was denied due to a flag in his records concerning his arrest record. He contend he was summoned to Fort Knox, Kentucky for a Board of Review concerning his arrest and was found not guilty of any wrong doing concerning the military and the flag was ordered to be lifted. The flag was never lifted and discharge paperwork began on his military career against his will leading him to believe that he would at least be given a general (under honorable conditions) discharge. In July of 2014 the South Carolina Department of Probation Parole and Pardon Services reviewed his case because the corrupt sheriff had been indicted and arrested and granted him a full pardon of the crime of Misconduct in Office. He immediately notified the United States Army Reserve of his pardon but was still given an under other than honorable conditions discharge in March of 2015 six days shy of completing twenty one years of loyal and honorable service to the United States of America. He contends he was asked to serve his country in Iraq and he did without hesitation and with honor and he feels as if he should be granted an honorable discharge. In a records review conducted at Arlington, VA on 12 September 2018, 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 135-175 / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 25 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: NIF b. Age at Enlistment / Education / GT Score: 35 / NIF / NA c. Highest Grade Achieved / MOS / Total Service: WO2 / 152F0-AH-64 Pilot / 20 years, 11 months, 24 days d. Prior Service / Characterizations: ARNG, 31 March 1994 to 15 August 1994 / NA ADT, 16 August 1994 to 16 December 1994 / UNC ARNG, 17 December 1994 to 11 August 1998 / NA OAD, 12 August 1998 to 29 September 1998 / HD ARNG, 29 September 1998 (discharge and Appointed as a commissioned or warrant officer) HD ADT, 30 September 1998 to 13 August 1999 / NA ARNG, 14 August 1999 to 28 September 1999/ NA ADT, 29 September 1999 to 9 February 2000 / HD ARNG, 10 February 2000 to 28 September 2000 / NA ARNG, 29 September 2000 the applicant was appointed as a Reserve Warrant Officer 29 September 2000 to 1 January 2003 / HD USARCG(IRR) 2 January 2003 to 4 April 2010 /NA OAD, 5 April 2010 to 25 October 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq (25 April 2010 to 1 October 2010) f. Awards and Decorations: AAM, NDSM-BS, GWOTSM, ICM-CS, ASR, ARCOTR, AFRM-M Device, ARCAM-2 g. Performance Ratings: 5 April 2010 to 1 October 2010, Best Qualified 2 October 2010 to 2 April 2011, Fully Qualified 3 April 2011 to 2 April 2012, Best Qualified 3 April 2012 to 2 April 2013, Best Qualified 3 April 2013 to 2 April 2014, Highly Qualified 11 December 2013 to 31 October 2014, Highly Qualified 1 November 2014 to 25 March 2015, Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: NGB Form 22, dated 1 January 2003, shows the applicant's character of service as being honorable; however, authority and reason was NGR 635-100 5a(6) Upon conviction of a felony or sentence to confinement in a Federal or State Penitentiary or correctional institution after having been found guilty of an offense by a court and whose sentence has become final. Documents submitted by the applicant (certificate of pardon from the Department of Probation, Parole, and Pardon Services, Columbia, SC) show the applicant who was convicted of misconduct in office 19 November 2002 in the county of Saluda has lived as a law abiding citizen since satisfying sentence and it being the opinion of the said South Carolina Board of Probation Parole and Pardon Services that the Pardoning of this prisoner (the applicant) is not incompatible with the welfare of society and it appearing further that the Board was satisfied he will abide by all laws of the state; the applicant was ordered to be pardoned effective 30 July 2014 and by that action was absolved from all legal consequences of the above state crime and conviction and all civil rights were restored. General Officer Memorandum of Reprimand, dated 11 March 2014, for his poor judgment and serious lapse of professional behavior. On or about 31 July 2012, US Army Reserve Command initiated an involuntary separation action against the applicant due, in part, to his OMPF containing a civilian plea/sentence, dated 18 November 2002, which indicated that he pleaded guilty to Misconduct in Office, in violation of 17-25-30 of the South Carolina Code of Laws, and was sentenced to: (1) 10 years in prison, provided that, upon the service of 2 years in prison, the remainder of his sentence was suspended with probation for 5 years; and (2) restitution in the amount of $20,000. On 22 February 2013, and IAW his election of rights, an administrative board of officers convened, before which he testified under oath, it was determined that he intentionally omitted and/or misstated facts while under oath. His action and behavior in this matter represent violation of the Uniform Code of Military Justice (UCMJ), Article 131 Perjury, and Article 133 Conduct unbecoming of an officer and gentleman. His behavior in this regard had been far below the standards of a Soldier and aviator. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; DD Form's 214 and separation orders from prior periods of service; documents relating to the indictment of a Saluda sheriff; officer evaluation report; and certificate of pardon from the Department of Probation, Parole, and Pardon Services, Columbia, SC. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days. Chapters 2 and 3 provide the basis for involuntary separation of USAR officers. Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without proper authority from unit training. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant's available record of service, the issues and documents submitted with his 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. However, the record shows that on 25 March 2015, DA, U.S. Army Human Resources Command, Fort Knox, KY, Orders D-03-504161, discharged the applicant from the US Army Reserve, effective 2 March 2015, with an under other than honorable conditions discharge. Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears 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 his current characterization of service will be detrimental to his future especially when it comes to future employment and that he was asked to serve his country in Iraq and he did without hesitation and with honor and he feels as if he should be granted an honorable discharge. However, a determination as to the merit of these contentions 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. Additionally, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Based on the available record, the discharge appears 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 DETERMINATION: In a records review conducted at Arlington, VA on 12 September 2018, 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 DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20160010912 1