1. Applicant's Name: a. Application Date: 27 June 2016 b. Date Received: 30 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, his discharge was inequitable because of personal issues during his time as a Reservist. During his service in the Reserves, he also worked as a police officer in North Carolina. Although his police department honored the time, he would need to attend drill. He did not receive pay from the police department. He states that since he did not receive his regular pay with the police department, his family and household suffered. He did receive pay through the military, but it was not sufficient to support his family. He had to choose between attending drill and receiving less than what his family needed or work at the police department receiving his regular pay. He states he chose to work at the police department instead of attending drill. He now realizes that he was terribly wrong in how he handled the matter. His family's needs would always come first, but he should have come up with a better alternative than missing drill. He states, his commitment to the country should not have been taken so lightly, and he regrets his decision almost daily. He has worked as a police officer with the police department for over 14 years. During his years as a Reservist, It was never his intention to shirk his duties to the country. He was young and did not think through the decisions that he made or the consequences that would amass from them. Since being discharged, he has had to pay back the money he received as an enlistment bonus, which he completed repaying in 2009. He states, he has always had a relationship with Christ, but he had a strong urge to use his gifting in music as a Worship Pastor/Leader at his local church. God has allowed him to travel across the country spreading the gospel through music. Over the last few months, God has opened a door for his family to help start a church plant in Florida as the Worship Pastor. Because it is a church plant, there is not much financial support provided for this position, therefore he has to find a job to help supplement his income. Applying for other employment has been difficult with the dishonorable discharge. He acknowledges, his actions years ago, were not right and if he could do it all over again, he would complete his duty to his country. Since he cannot live in the past, he tries to move forward and right his wrongs by serving as a police officer, as well as being an upstanding citizen. Along with his wife, they raise their three children and teach them to respect and honor the country as well as the men and women who serve and have served for this great country. In a records review conducted at Arlington, VA on 15 September 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: NIF / AR 135-178 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 2 April 2008 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 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 September 2000 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 20 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 54B10, Chemical Operations Specialist / 7 years, 6 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: NIF f. Awards and Decorations: NIF g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he is an upstanding citizen and a Worship Pastor with his church. 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 honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. 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. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the U.S. Army Reserve. The applicant's contentions were carefully considered. However, the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the available record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 15 September 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160012180 1