1. Applicant's Name: a. Application Date: 7 December 2016 b. Date Received: 19 January 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, believes the administrative separation board did not have correct judgement nor do what was right for the Soldier's wellbeing. The applicant states there is much more facts and evidence the Board did not look into and there was information that was missed, but was provided and is was not reviewed. The applicant states, the unit had created the administrative separation board on 26 July 2016, which all members of the board knew applicant on a personal and family level. Three of the four members knew the applicant personally, which the applicant believes is against Army regulations and ethics. The applicant was never given the opportunity to speak the truth or have a chance to speak to anyone about the situation. The applicant was not given a fair opportunity and believes everyone in the particular unit was very connected and they only help the ones that are part of their click. Because the applicant did not fit in, they began to do all the things they did. In a records review conducted at Arlington, VA on 9 October 2019, 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 635-200 / Chapter 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 30 November 2016 c. Separation Facts: The applicant's service record is void of the specific facts and circumstances surrounding his separation. The applicant provided copies of his separation documents from which the following information was derived: (1) Date of Notification of Intent to Separate: 31 January 2016 (2) Basis for Separation: The applicant was notified of the specific reasons: Wearing of unauthorized insignias and badges on his uniform; altering documents to his personnel record supporting the earning of insignias, decorations, badges, and ribbons that he was never authorized to wear; and, for unlawfully altering his DD Form 214, to show certifications, awards, and education that he did not receive. (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: 6 August 2014 / 3 years (AGR) b. Age at Enlistment / Education / GT Score: 40 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y10, Unit Supply Specialist / 20 years, 6 months, 3 days / The applicant's DD Form 214, block 12c, erroneously reflects 2 years, 3 months, 25 days. Based on block 12a of his DD Form 214, the correct entry should reflect: 7 years, 7 months, 23 days. d. Prior Service / Characterizations: USNR, 25 July 2004 - 31 August 2004 / NA USN, 30 October 2001 - 1 October 2004 / HD USNR, 2 October 2004 - 23 September 2008 / NIF USAR, 24 December 2008 - 5 April 2009 / NA OAD, 6 April 2009 - 5 August 2014 / HD e. Overseas Service / Combat Service: SWA / Iraq (NIF) f. Awards and Decorations: NDSM, SSDR, GWOTEM, GWOTSM, NGCM, ICM, NER g. Performance Ratings: 4 August 2015 - 31 December 2015 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; two emails; case separation documents; eight DA Forms 4856; numerous Certificates Completion, Training and Achievement; Acceptance Letter; Match Interview (memo); DA Form 1559; DA form 3881; five self-authored statements; DA Form 2166-8; In-processing packet; seven letters of recommendation; Clearance Verification; copy of driver's license; copy of military identification; JAG email; Orders R-08-489227; Orders R-07-488692S; two photographs; DA Form 4890-18; WLC diploma; DA Form 7425; Certificate of Competency; AF Form 1199B; Government Identification Card; extract AR 635-200; and, Entry Visa. 6. POST SERVICE ACCOMPLISHMENTS: The applicant provided evidence reflecting he has obtained employment as a government contractor and completed several professional training courses. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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, convictions by civil authorities and desertion or being absent without leave. 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 his discharge from the Army. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of Misconduct (Serious Offense), with a characterization of service of Under Other Than Honorable Conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant's contentions about his administrative separation board not being fair, was carefully considered. However, 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 which 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. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant contends he was not part of the click, which made up unit, so they began making things up against him. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. Further, 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. 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. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 they are not available in the official record. 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 9 October 2019, 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 DD-214 / 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 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 AR20170000671 1