1. Applicant's Name: a. Application Date: 1 November 2016 b. Date Received: 7 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, his discharge should be changed due to the fact that he was unaware of any wrongdoing. He was instructed not to return to his unit for drill until an issue regarding his pay was fixed. He was also told that this would place him into an Inactive Ready Reserve position and he would only be needed for drill when called or contacted by his unit. He was never made aware of being discharged until he made an attempt to reenlist in the Active Army in September 2016. He cannot continue his service unless his discharge is changed to honorable and his rank of E-4 is reinstated. His only desire is to continue his service with the US Army. In a record review hearing conducted at Arlington, VA on 6 November 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 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 1 April 2015 c. Separation Facts: No (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: 26 April 2011 / USAR / to complete reserve obligation termination of 13 April 2015. b. Age at Enlistment / Education / GT Score: 20 years / c. Highest Grade Achieved / MOS / Total Service: E-4 / 25U10, Signal Support Systems Specialist / 7 years, 11 months, 6 days d. Prior Service / Characterizations: RA, 26 April 2007 to 25 April 2011 / HD e. Overseas Service / Combat Service: Korea / SWA / Iraq, 26 August 2009 to 31 August 2010 (Prior Service, PS) f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, ICM-CS, GWOTSM, KDSM, ASR, OSR-2 g. Performance Ratings: NIF 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: Online application (six pages). 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 the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant's available record of service and the issues 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. 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 requested a change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of AR 135-178. The applicant bears the burden of presenting substantial and credible evidence to support her request to change the reason for her discharge and the RE code. There is no evidence in the available record, nor has the applicant provided any evidence, to support the request that the reason for her discharge was improper or inequitable. The applicant's contentions were carefully considered regarding that, his discharge should be changed due to the fact that he was unaware of any wrongdoing; he was instructed not to return to his unit for drill until an issue regarding his pay was fixed; he was also told that this would place him into an Inactive Ready Reserve position and he would only be needed for drill when called or contacted by his unit; and he was never made aware of being discharged until he made an attempt to reenlist in the Active Army in September 2016. However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant contends, he cannot continue his service unless his discharge is changed to honorable and his rank of E-4 is reinstated. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. However, the US Army does not have, nor has it ever had, a policy to automatically reinstate an applicant's rank. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. An applicant's rank can only be reinstated if the Board determines the characterization of service was improper or inequitable and grants the applicant upgrade of his or her discharge. The applicant's only desire is to continue his service with the US Army. However, 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. If the applicant desires a personal appearance, it is her responsibility to meet the burden of proof since the evidence is not available in the official record. The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 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 record review hearing conducted at Arlington, VA on 6 November 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 AR20160017465 1