1. Applicant’s Name: a. Application Date: 6 May 2015 b. Date Received: 15 May 2015 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, as a former Field Artillery Officer of the United States Army, not once has he lost the desire to continue this esteemed and honored profession. It has been a little over ten years since his release from Active Duty and his passion to continue to be a Soldier of the United States Army has not withered. The applicant has longed to rejoin the ranks of this prestige organization and to wear its highly respected uniform. It is without a doubt that in the past, his carelessness has cost him the greatest opportunity and honor ever given to him. Yet under the current circumstances, he will continue to serve and maintain his patriotism to his country through the current status as a civilian. He sincerely apologizes for his past actions and performance. The applicant reassures the Board that a more mature man has emerged from this experience and has learned to adjust his behavior befitting the environment and situation. He has come to recognize that new strengths can evolve from recognition of shortcomings. In a records review conducted at Arlington, VA on 19 August 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: In Lieu of Trial by Court Martial / AR 600-8-24, Paragraph 3-13 or 3-15 / DFS / NA / Under Other Than Honorable Conditions b. Date of Discharge: 19 September 2005 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 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 September 2002 / NIF b. Age at Enlistment/Education/GT Score: 22 / NIF / NA c. Highest Grade Achieved/MOS/Total Service: O-2 / 13A, Field Artillery / 2 years, 11 months, and 19 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: AAM, NDSM, ASR, GWTSM g. Performance Ratings: 22 April 2004 – 20 August 2004, Best Qualified 21 August 2004 – 31 December 2004, Fully Qualified 1 January 2005 – 16 May 2005, Do Not Promote h. Disciplinary Action(s)/Evidentiary Record: General Officer Letter of Admonishment, dated 17 May 2004, for malingering and continually failing to be where he was supposed to be during the Basic Course (between 7 January 2004 and 10 March 2004), signed by Col R.G.C., on 2 April 2004, and directed for filing in the applicant’s Official Military Personnel File (OMPF), by BG J.A.C. on 17 May 2004. Several negative counseling statements, dated between 25 February 2003 and 19 March 2004, for missing class, failure to report for movement to the field, failing to be at this appointed place of duty on several occasions, missing PT, conduct and integrity/allegations of plagiarism, intentionally missing class and attempting to deceive a superior officer, failure on GD0206 exam and mathematically eliminated from Gunnery, failure of TC0201 and informed of needing 70% and above, and double failure on DJ Janus Brief. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 6 May 2015; self-authored letter, dated 23 April 2015; DD Form 214; and letters of support from his pastor, the Director of the Department of Commerce American Samoa Government, and the Congressman for America Somoa. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has attained a Master’s Degree in education and is currently working towards a Doctorate’s Degree in Organizational Leadership. He has also become a father of four beautiful children. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-100 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army. Chapter 3, Section XV establishes policy and procedures for involuntary relief from active duty. Paragraph 3-58(g) provides that an officer who is found guilty, or action is taken tantamount to a finding of guilty, in a Federal or State court may be immediately released from active duty by the Secretary of the Army, when the offense is punishable under the UCMJ with confinement of 1 year or more, or when the offense involves moral turpitude, regardless of the sentence received or the maximum punishment under any code. Army Regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officers. Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. An officer will normally receive an under other than honorable conditions discharge when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct. 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, 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 his discharge from the Army. 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'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. This presumption 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. The applicant’s statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance, it is his 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. 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. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 August 2016, 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 SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008876 3