1. Applicant's Name: a. Application Date: 15 March 2016 b. Date Received: 25 March 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, he was discharged from the Army and his unit commander did not provide him with the attached letter, dated 19 Sept 2014 or any of the attachments to his letter. Instead he sent them to his parents in another state and he did not receive them nor get a chance to review them until after the 30 days had passed; in which he had suspended the separation action. He did not have an opportunity to exercise his rights to be considered for a general discharge, per the letter and attachments. He was supposed to have the right to consult with counsel and the right to obtain copies of the documents to be sent to the separation authority, the right to request a hearing and to present written statements etc. He feels he was treated unfairly and was prevented from exercising his rights. In a records review conducted at Arlington, VA on 14 July 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: Misconduct (Serious Offense)/ AR 135-178, Paragraph 12-1c / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 9 February 2015 c. Separation Facts: No (1) Date of Notification of Intent to Separate: 19 September 2014 (2) Basis for Separation: The applicant submitted the notification memorandum with his application; which shows his reason for discharge was that he was convicted of possession of child pornography with intent to distribute. He was subsequently found guilty and sentenced to 135 months in Federal Prison. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 May 2007, 8 years b. Age at Enlistment / Education / GT Score: 17 years / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 63B10, Wheeled Vehicle Mechanic / 7 years, 8 months, 24 days d. Prior Service / Characterizations: IADT, 26 June 2007 to 7 September 2007 / UNC USAR, 8 September 2007 to 14 February 2009 / NA AD, 15 February 2009 to 9 March 2010 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Kuwait, 13 April 2009 to 8 February 2010 f. Awards and Decorations: ARCOM, AGCM, NDSM, GWOTSM, AFRM-M, ASR, g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); notification memorandum / with acknowledgement (four pages); election of rights (five pages); and reduction / discharge orders 15-020-00140. 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 the characterization of service from under other than honorable conditions 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 complete 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's contentions were carefully considered regarding, he was discharged from the Army and his unit commander did not provide him with the attached letter, dated 19 Sept 2014 or any of the attachments to his letter; instead he sent them to his parents in another state and he did not receive them nor get a chance to review them until after the 30 days had passed; in which he had suspended the separation action; he did not have an opportunity to exercise his rights to be considered for a general discharge, per the letter and attachments; he was supposed to have the right to consult with counsel and the right to obtain copies of the documents to be sent to the separation authority, the right to request a hearing and to present written statements, etc.; and he feels he was treated unfairly and was prevented from exercising his rights. However, the merit of these contentions cannot be substantiated because the complete facts and circumstances leading to the discharge are not contained in the available record. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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 14 July 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 Separation Order: No b. Change Characterization to: No Change 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: 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 AR20160006538 2