1. Applicant's Name: a. Application Date: 21 February 2017 b. Date Received: 28 February 2017 c. Counsel: None 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 voluntarily extended his contract to deploy to Kosovo; due to medical reason he was unable to deploy and he was told by the retention NCO that his extension would be negated. He was discharge for missing drills even though his service obligation terminated on 3 October 2009. He served eight years, deployed once and received numerous awards and decorations. In a records review conducted at Arlington, VA on 11 June 2018, 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 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 5 July 2011 c. Separation Facts: NIF (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: 27 August 2009 / Ordered to AD / 400 days b. Age at Enlistment / Education / GT Score: 17 years / 12 years / 120 c. Highest Grade Achieved / MOS / Total Service: E-4 / 75H10, Personnel Service Specialist / 9 years, 9 months, 2 days d. Prior Service / Characterizations: USAR, 4 October 2001 to 2 September 2002 / NA IADT, 3 September 2002 to 28 February 2003 / UNC USAR, 1 March 2003 to 6 December 2003 / NA AD, 7 December 2003 to 3 February 2005 / HD USAR, 4 February 2005 to 26 August 2009 / NA Reserve Obligation Termination Date 3 October 2009 e. Overseas Service / Combat Service: SWA / Kuwait, 4 February 2004 to 7 January 2005 f. Awards and Decorations: ARCAM, NDSM, GWOTEM, GWOTSM, AFRM-M DEV, 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 (two pages). 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 the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant's available record of service and the issues 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 the former Soldier's discharge from the US Army Reserve. However, the record shows on 28 June 2011, DA, HQS, 88th Regional Support Command, Fort McCoy, WI, Orders 11-179-00056, discharged the applicant from the US Army Reserve, effective date; 5 July 2011, with an under other than honorable conditions discharge. 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, he voluntarily extended his contract to deploy to Kosovo; due to medical reason he was unable to deploy and he was told by the retention NCO that his extension would be negated. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the available record, nor has the applicant produced any evidence to support the contention that he was told by the retention NCO his extension would be negated. The applicant further contends, he was discharged for missing drills even though his service obligation terminated on 3 October 2009. The applicant admitted he voluntarily extended his contract to deploy to Kosovo. He was still contractually obligated and therefore he was required to attend HIS unit battle assemblies. The applicant also contends, he served eight years, deployed once and received numerous awards and decorations. 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. 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. 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 11 June 2018, 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 AR20170003710 1