1. Applicant's Name: a. Application Date: 15 December 2015 b. Date Received: 18 December 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 or general (under honorable conditions). The applicant seeks relief contending, in effect, his discharge was unjustified and he believes he was railroaded. He contends he completed and returned his packet as he was instructed and tried to obtain legal help; however, he was told he could not receive help for the matter at hand. He was re-classified from one MOS to another against his will and he made his point known several times. He was wrongfully accused of doing things he did not do by members of his chain of command to include violating Article 86 three times with false information. In a records review conducted at Arlington, VA on 21 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-4/SPC. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 135-178 / Chapter 12-1d / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 16 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 June 2013 (2) Basis for Separation: The applicant was informed of the following reasons: failed to report to a designated place at a designated time to leave for training as requested by SGT P.; his behavior during training at the Mortuary Affairs Training Center was unbecoming of a Soldier and a future noncommissioned officer; and, a lack of favorable recommendations for his potential to perform useful service if ordered to Active Duty for mobilization. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: The applicant's election of rights is not contained in the available record. However, the unit commander indicated in the notification letter that he was suspending the separation action for 45 days, to allow the applicant the opportunity to exercise his right to consult with legal counsel. On 11 June 2013, the notification memorandum was sent to the applicant. The applicant was instructed that he must complete the memorandum and acknowledge receipt of this memorandum indicating his election of rights. A copy of the memorandum with the completed endorsement/response documents attached was to be delivered to the address shown on the endorsement documents within 30 day from the date of his receipt of the memorandum of notification. Any statement or documents he desired to submit on his behalf was to be received by the commander within 30 calendar days after he received the memorandum, unless he requested and received an extension for good cause shown. Unless an extension was granted, failure to deliver the completed response documents within 30 days of the date of his receipt of this memorandum would constitute a waiver of his rights. On 26 July 2013, the unit commander recommended separation from the US Army Reserve (USAR). (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 12 September 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: USAR, 7 August 2012 /Expiration Term of Service 24 January 2015 b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 6 years, 8 months, 22 days d. Prior Service / Characterizations: ARNG, 25 January 2007 to 13 August 2007 / NA IADT, 14 August 2007 to 13 March 2008 / HD ARNG, 14 March 2008 to 11 May 2009 / GD USARCG (REINF), 12 May 2009 to 6 August 2012 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 establishes policy and prescribes procedures for separating members for misconduct. 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. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the United States Army Reserve standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the United States Army Reserve, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained in the United States Army Reserve. The applicant seeks relief contending his discharge was unjustified and he believes he was railroaded. He contends he completed and returned his packet as he was instructed and tried to obtain legal help; however, he was told he could not receive help for the matter at hand. He was re-classified from one MOS to another against his will and he made his point known several times. He was wrongfully accused of doing things he did not do by members of his chain of command to include violating Article 86 three times with false information. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was railroaded, that he returned his packet as instructed, or that his discharge was unjustified. Furthermore, although the applicant claims he submitted his packet as instructed, it appears the packet was not received in a timely manner which resulted in the commander recommending the applicant's discharge on 26 July 2013. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the 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. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 21 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-4/SPC. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: General (Under Honorable Conditions) c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. Restore (Restoration of) Grade to: E-4/SPC To: ARBA Promulgation Team, Arlington, VA Date: 29 August 2017 The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes: (X) Change characterization of discharge to General, Under Honorable Conditions. (X) Restore grade/rank to E-4/SPC. 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 AR20160000226 1