1. Applicant’s Name: a. Application Date: 6 November 2015 b. Date Received: 16 November 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 honorable. The applicant seeks relief contending, in effect, an immediate response was given to his command to request going into the IRR. The evidence of record shows the applicant received a prior records review on 30 September 2015. In a personal appearance review conducted at Arlington, VA on 20 June 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: 27 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: 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: 28 October 2011 / 3 years b. Age at Enlistment/Education/GT Score: 33 years / Master’s Degree / NIF c. Highest Grade Achieved/MOS/Total Service: E-5 / 88H20, Cargo Specialist / 12 years, 7 months, and 23 days d. Prior Service/Characterizations: USAR-24 March 1997-18 May 1997 / NA ADT-19 May 1997-22 September 1997 / UNC USAR-23 September 1997-6 December 2003 / HD OAD-7 December 2003-20 April 2005 / HD (Break-in-Service) USAR-9 September 2009-27 October 2011 / HD e. Overseas Service/Combat Service: Southwest Asia / Kuwait/Iraq (3 February 2004-22 January 2005, prior service) f. Awards and Decorations: ARCAM-2, AFRM-w/M Device, NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: 28 October 2011-16 May 2012, Fully Capable h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293, dated 6 November 2015; several emails dated between 26 November 2012 and 2 January 2013; rental agreement dated 3 December 2012; certificated of training for the period 3 December 2012-14 December 2012; and RLAS Personnel Application. 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 FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. 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 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 seeks relief contending, an immediate response was given to his command to request going into the IRR. However, it is unknown if his contention has merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier 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. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. The applicant submitted no additional documents or contentions. 10. BOARD DETERMINATION: In a personal appearance review conducted at Arlington, VA on 20 June 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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: NA 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 AR20150018264 4