1. APPLICANT’S NAME: a. Application Date: 20 March 2015 b. Date Received: 27 April 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from under other than honorable conditions to honorable. The applicant states, in pertinent part and in effect, his request is based on extenuating circumstances surrounding his suspended unresolved pay with no foreseeable resolution. Accordingly, his discharge was inequitable because he had not received his military pay for over a year. His NCO, SSG Q, was unable to provide any explanation or resolve his pay dispute. His unit was also scheduled to deploy to Germany for one month. He could not afford to leave his civilian job for a month without pay. It would have been a severe financial hardship for him and his family. He informed his first sergeant that he could not serve the one-month deployment. In a personal appearance conducted at Arlington, Virginia on 11 January 2016, 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: 15 February 2009 c. Separation Facts: NIF (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 December 2005 / 8 years b. Age at Enlistment/Education/GT Score: 26 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-3 / 12W10, Carpentry and Masonry Specialist / 3 years, 2 months, 4 days d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: NIF / None f. Awards and Decorations: NIF g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: None i. Lost Time: NIF j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: National Personnel Records Center letter, dated 15 May 2015 with record of service containing enlistment contract and documents; Orders C-01-601658, dated 20 January 2006; Orders 06-173-00010, dated 22 June 2006; and Orders C-10-729768, dated 24 October 2007. 6. POST SERVICE ACCOMPLISHMENTS: None. 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 ISSUE(S): The applicant requests an upgrade of the characterization of his discharge from under other than honorable conditions 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 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 seeks relief contending, his request is based on extenuating circumstances surrounding his suspended unresolved pay with no foreseeable resolution. Accordingly, his discharge was inequitable because he had not received his military pay for over a year. His NCO, SSG Q, was unable to provide any explanation or resolve his pay dispute. His unit was also scheduled to deploy to Germany for one month. He could not afford to leave his civilian job for a month without pay. It would have been a severe financial hardship for him and his family. He informed his first sergeant that he could not serve the one-month deployment. The applicant's contentions 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 sufficient evidence, to support a change to the characterization of service granted. 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 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: The applicant submitted no additional documents or contentions. 9. BOARD ACTION DIRECTED: a. Issue a New Separation Order: No b. Change Characterization to: No Changes c. Change Reason to: No Changes d. Change SPD/RE Code to: No Changes e. Restore Grade to: N/A AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150007498 4