1. Applicant's Name: a. Application Date: 17 May 2016 b. Date Received: 27 July 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 general (under honorable conditions). The applicant seeks relief contending, in effect, he has been attempting to apply for positions and he believes that the other than honorable conditions discharge is preventing him from being moved to the selection process, since he is otherwise qualified for the positions. He states, the last few years of his enlisted time were the hardest time of his life. He had given up the only career he wanted in an attempt to save his marriage. He left active duty with the intention of going to school and attending ROTC, while giving his marriage time to work out. The applicant states, things did not go as he intended and he made some mistakes. The last unit he was in with the Reserves was an attempt to get the help he needed to get back on track. He assumed that a unit comprised of drill sergeants would be able to help provide him with the motivation that he needed, but that was not the case. The drills that he attended, he spent in the drill hall playing basketball. There was never any work assigned, no duties were given and he was never even issued a unit insignia. He wanted to be there, but he needed to be doing something and needed some direction. He had repeatedly asked for help and he did inform his unit of his worsening situation. He had asked for something as simple as a training plan to help him with physical training and he was told that they did not have the time to do that for him. After he lost his transportation, he called and tried to get assistance with a ride to drill, but he was told it was not going to happen and that he needed to find his own way to attend drill. Additionally, he desires to enlist in the National Guard or the Army Reserves, even if it is only for a year, to not only prove to himself that he is better than the character of his discharge and enable him the chance to earn an honorable discharge. Currently, his other than honorable discharge is preventing his enlistment process, because no waivers are offered for this type of discharge. He is also considering joining the South Carolina State Guard because it is a volunteer organization, but again his discharge makes him unable to apply. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's service records do not indicate a history of MH issues while in service. He has been diagnosed with Major Depressive Disorder (MDD) in 2011 by the DVA. The applicant reported that the symptoms appeared about 6 years prior. The applicant is not service connected for MDD. The case file has insufficient evidence to mitigate applicant's absence. In a records review conducted at Arlington, VA on 30 August 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: 20 December 2010 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: 14 April 2007 / NIF / The applicant was transferred to the USAR Control Group after his discharge from the ARNG. His remaining Reserve / Military Service Obligation was 4 years, 5 months and 15 days. b. Age at Enlistment / Education / GT Score: 26 / GED / 120 c. Highest Grade Achieved / MOS / Total Service: E-3 (USAR) / 19D10, Calvary Scout / d. Prior Service / Characterizations: RA, 20 March 2001 - 31 December 2003 / HD USAR, 1 January 2004 - 28 September 2004 / NIF ARNG, 29 September 2004 - 13 April 2007 / GD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, GWOTSM, ASR, OSR 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; Case separation packet from the ARNG; and NGB Form 22. 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 under other than honorable conditions discharge to general (under honorable conditions. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. However, the 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 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 about his unit not offering him help were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. Though the applicant provided documents relating to other Soldiers, he did not provide evidence, which demonstrated those documents were used as the basis to discharge him from the US Army Reserves. Further, the applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant has expressed his desire to rejoin the Service and to have better job opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non- waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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 record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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. 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 30 August 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 AR20160012255 1