1. Applicant's Name: a. Application Date: 28 September 2016 b. Date Received: 22 December 2016 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. The applicant seeks relief contending, in effect, his discharge was inequitable. He was assigned to a unit 100 miles away, but he was not given room and board each night. He states there was a unit near his house that he was actively attending drills, with the blessing of his first line supervisor. He often received just over $100 per drill weekend and as a young Soldier, he did not have the financial ability to pay for gas to drive 100 miles away. He was listed as "unexcused,' even though he was in constant communication with his supervisor. He was not given counselling for his attendance and he was not afforded due process for his discharge. It was not until September or October of 2011 that he was made aware of his discharge. It was a Sunday and he had just completed an entire weekend drill with the 418TH. Their company Executive Officer, Ms. J was on the phone with the 320th because there was an issue locating the applicant in the Army payroll system. It was then that she was told he had been discharged and was no longer a part of the Army. After missing two drills, the 320th sent a certified letter to his parent's address, which is the address they had on file for the applicant. The first letter advised the applicant that he was being demoted and instructed him to contact the unit. The second letter, was his discharge orders. His mother did sign for the letters, but the applicant was not made aware of their existence until he inquired about them several months later. At no time did his unit or any personnel attempt to contact him via phone, even though they all had his phone number and current address. He was in regular communication with his squad leader. He did not have a full grasp on the negative stigma that his discharge would have on him. He has been given a job offer from the Federal Bureau of Investigations, but that has been postponed until the successful resolution of his "negative" military discharge. He currently is a violent Crimes Detective with the Orange County Sheriff's office, which is one of the largest agencies in America. He has his Bachelor's degree and he is currently enrolled in graduate school in pursuit of his Master's degree; and, he is an Adult Achiever/volunteer with the YMCA of Central Florida. He accepts full responsibility for his shortcomings and his selfish train of thought as a young adult. He fully realizes there should have been repercussions for his actions; however, he believes the punishment and discharge he received is too harsh and unwarranted. He did not receive counseling and rehabilitative efforts, which he believes are a prerequisite to a separation preceding. His supervisor, Corporal R, stated, the applicant had not been counseled and was just discharged and treated like a common deserter without due process. He desires the upgrade in order to allow him to continue serving our country. In a personal appearance hearing conducted at Arlington, VA on 7 August 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's personal testimony, prior period of honorable service, and post-service accomplishments as annotated in the case report and directive, and is now 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. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NIF / AR 135-178 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 24 October 2011 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 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 April 2007 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 19 / HS Graduate /NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 4 years, 5 months, 24 days d. Prior Service / Characterizations: USAR, 30 April 2007 - 6 July 2007 / NA IADT, 7 July 2007 - 20 September 2007 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR 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: DD Form 293, with all allied documents listed in block 8 of the application; and, a letter of employment. 6. POST SERVICE ACCOMPLISHMENTS: He has been offered employment with the Federal Bureau of Investigations; he works as a violent Crimes Detective; he has earned a Bachelor's degree and is pursuing his Master's degree. Additionally, he is an Adult Achiever/Volunteer with the YMCA of Central Florida. 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 under other than 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 contends he was never informed about his imminent discharge and that he was in communication with his unit while he attended drill at another unit. 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 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 The third party statements provided with the application speak highly of the applicant's performance. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. (Insert the following for PA Board Cases) 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 7 August 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's personal testimony, prior period of honorable service, and post-service accomplishments as annotated in the case report and directive, and is now 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. 11. BOARD ACTION DIRECTED: a. Issue a New Discharge 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: No Change To: ARBA Promulgation Team, Arlington, VA Date: 31 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. 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 AR20170000962 3