1. Applicant's Name: a. Application Date: 22 June 2016 b. Date Received: 28 June 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 would like an upgrade of his discharge for the purpose of being able to attend a local law enforcement academy and be able to join the Army National Guard and serve his community and country again. He contends that from the time he last reported to drill and leading up to his discharge he had many things happen to him (i.e., gone through a divorce, had to find new housing and was being threatened with losing his job). He contends while he was on orders a friend/coworker informed him that he was being considered for firing. At the time he did not think that his unit (which was four hours away) would be able to help him; he now knows that there are laws in place to help protect Soldiers; therefore, his unit would have been able to provide limited assistance to him at the time and might have even let him drill closer to home. He knows he made mistakes at the time of discharge and now would like to ask that his discharge be upgraded because he has learned a lot in the past 8 years. He contends he served in his unit faithfully having earned an overseas training ribbon and the Army Achievement Medal. In a records review conducted at Arlington, VA on 8 September 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: Unsatisfactory Participation, Chapter 13 / AR 135-178 / NIF / General (Under Honorable Conditions) b. Date of Discharge: 18 March 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 September 2007 (2) Basis for Separation: The applicant was informed of the following reasons: he has not participated in unit training. Specifically, he has accumulated 35 unexcused absences within a 1 year period and has been a non-participant for 12 months. (3) Recommended Characterization: NIF (4) Legal Consultation Date: Waived (5) Administrative Separation Board: Waived (6) Separation Decision Date / Characterization: 18 March 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 October 2003 / 8 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operation Specialist / 4 years, 5 months, 11 days d. Prior Service / Characterizations: USAR, 8 October 2003 to 19 November 2003 / NA ADT, 20 November 2003 to 23 April 2004 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: None 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; separation orders; judgment and decree of dissolution of marriage; orders for active duty training; certificate for award of the AAM, personnel action documents for promotion to E2, E3, and E4. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he had gone back to school keeping a good GPA of 3.88 while continuing to work. He now has a family and has been married for seven years. 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, the documents and the issues submitted with the application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his 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 that from the time he last reported to drill and leading up to his discharge he had many things happen to him. While he was on orders a friend/coworker informed him that he was being considered for firing. At the time he did not think that his unit (which was four hours away) would be able to help him; he now knows that there are laws in place to help protect Soldiers; therefore, his unit would have been able to provide limited assistance to him at the time and might have even let him drill closer to home. He knows he made mistakes at the time of discharge and now would like to ask that his discharge be upgraded because he has learned a lot in the past 8 years. He contends he served in his unit faithfully having earned an overseas training ribbon and the Army Achievement Medal. The applicant's contentions were noted; however, a determination on whether these contentions have merit cannot be made because the complete 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. Furthermore, 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. If the applicant desires a personal appearance hearing, it will be 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 the complete separation packet is not available in the official record. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to attend a local law enforcement academy and be able to join the Army National Guard and serve his community and country again. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Furthermore, if reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Armed Forces at the time, and are required to process waivers if appropriate. 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 8 September 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160012206 3