1. Applicant's Name: a. Application Date: 24 December 2015 b. Date Received: 14 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he honorably served in the active duty Army for nearly four years, wherein he engaged in two combat deployments and was awarded the Purple Heart Medal. He was honorably discharged and transferred to the IRR. Approximately one year after his ETS, he joined the Reserve in hopes of being deployed for a third time. He found out shortly after joining the Reserves that there would be no deployment. Taking this heartfelt news in stride, he began to attend the drill schedule as prescribed. He did not know that the drill schedule would adversely affect his civilian career in the construction industry. He is fully aware of the legalities and employer responsibilities to not reprimand employees due to Reserve or Guard training schedules. However, those laws that have been put in place have fallen on deaf ears. He found himself losing work at a rapid pace and being denied job opportunities based on his drill schedule. Many employers simply would not work around his schedule and the loss of work left him with an eviction. He expressed his concern to his chain of command, which was to no avail. He simply made the decision not attend drill. He recently discovered his absence has led to his loss of rank from Specialist to Private First Class and a general (under honorable conditions) discharge. He does understand that his decision to not attend drill was a very bad one, but it was a decision made under duress and his chain of command was offering no assistance to help. He requests that his discharge be upgraded so as to not tarnish his service record that reflected a successful military career. In a records review conducted at Arlington, VA on 31 March 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 / NIF / NIF / NIF / General (Under Honorable Conditions) b. Date of Discharge: 21 July 2015 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 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 November 2013 / NIF (Note: the applicant was discharged from active duty on 28 November 2012 and transferred to the USAR Control Group. On 15 November 2013, the applicant was transferred from the USAR Control Group to a USAR unit. The applicant had a Reserve Obligation until 25 November 2016.) b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 6 years, 6 months, 13 days d. Prior Service / Characterizations: RA, 8 January 2009 to 28 November 2012 / HD USARC, 29 November 2012 to 15 November 2013 / NA e. Overseas Service / Combat Service: Hawaii, SWA / Afghanistan (15 August 2011 to 15 August 2012) and Iraq (22 August 2009 to 18 December 2009) f. Awards and Decorations: ACM-CS, ARCOM, PH, AAM, MUC, AGCM, NDSM, GWOTSM, ICM-CS, OSR-3, ASR, NATOMDL, CAB g. Performance Ratings: NA 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, with all allied documents listed in the supporting documentation information section of the application. 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 his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. However, the 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's contentions were carefully considered. However, the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant 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. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. The applicant contends that he had good service which included a two combat tours and an award of the Purple Heart, prior to his entrance in the USAR. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends that his chain of command offered him no help. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. Based on the available record, the discharge was 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 records review conducted at Arlington, VA on 31 March 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 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: 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 AR20160000682 1