1. Applicant's Name: a. Application Date: 4 April 2017 b. Date Received: 11 April 2017 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 and a narrative reason change. The applicant seeks relief contending, in effect, during one of the battle assemblies in 2012 or 2013, he was approached by a cadre NCO, with a M16A2 rifle in order to conduct weapons qualification. He informed his superiors that it was unlawful for him to possess a weapon. During subsequent battle assemblies, he was notified that he would be receiving a discharge. At that moment, he quit showing up for battle assembly because he believed it was pointless and that he did not want to endure the embarrassment. The applicant states, he was contacted by his team leader, amongst other cadre that wanted to speak with him. His platoon sergeant informed him that he would assist the applicant with attempting to remove his domestic battery charge. The applicant agreed and was willing to cooperate and work on a resolution. The applicant states, he enlisted at 17 years of age and was trained to follow the intuition of the NCOs appointed over him. In 2013, during a battle assembly, the applicant reiterated to his platoon sergeant and squad leader / unit administrator that he was not able to possess a weapon. The applicant recalls being told that his company commander would have to approve even though he participated in the weapons qualification at the range. The applicant was not certain of Army Regulations, nor was he prepared to tell his platoon sergeant how to do his job. He states that after being promoted to sergeant, he did have the same sense of honor or integrity as a leader, due in part because of his domestic battery charge. He was a Soldier who averaged a 290 on the APFT, while numerous others in his platoon continually failed. He does not imply that he is better, but, he had always been in awe of demanding schools like Ranger and Airborne school. He occasionally asked for the opportunity to attend Sapper School in order to challenge himself and forward his career, but he would be denied and reminded of his past legal issues. He came to believe that he was not free to pursue his own abilities and potential because of his lingering legal issue. His unit used his tarnished image when it was convenient, but ignored it when they wanted to encourage and praise him as an up and coming leader. The applicant states, that he was uncomfortable telling his subordinates how to conduct themselves as professional Soldiers, when he still had his pending legal dilemma. The tipping point for applicant was when a close friend and member of his unit was jailed for first degree intentional homicide. During a battle assembly in December 2015, the applicant learned of his friend's murder charge and he did not return. His unit states that the applicant just quit showing up to battle assembly and offered them no explanation, which is incorrect. He was a patient from 2012 to 2015 for them to initiate and assist him in expunging his legal record. After his friend's incident with the murder, he became alarmed and no longer believed in the competency and professionalism of the command. He has email records wherein he exchanged dialogue with his company commander during his alleged "unsatisfactory participation" during 2015 to 2016. He states that his commander offered the same rhetoric as in 2012. The applicant agrees that in 2012, he did not take the most desirable route, but he communicated through his chain of command and took the most pragmatic approach available to him as a lower enlisted Soldier. After becoming more informed as a Sergeant, he could not say the same for his superiors, NCOs and officers. Since 2010, he has been pursuing his degree and an upgrade would enable him to move on with his life in a positive direction. Per the Board's Medical Officer, based on the information available for review at the time, the SM does not have AHLTA or VA Medical records. In a records review hearing conducted at Arlington, VA on 1 March 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 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 20 October 2016 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: NIF b. Age at Enlistment / Education / GT Score: NIF / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-5 / 12W20, Carpentry and Masonry Specialist / The applicant's service record is void of his enlistment in the USAR. The applicant's total prior service in the ARNG: 2 years, 4 months, 12 days. Barring any break in service, it appears the applicant has 10 years, 7 months and 1 day of total service. d. Prior Service / Characterizations: ARNG, 20 March 2006 - 1 August 2008 / GD IADT, 4 January 2007 - 16 March 2007 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: 1 August 2015 - 30 July 2016 / Not Qualified 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: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has been pursuing his degree. 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 and a narrative reason change. 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. However, the applicant's record does contain a properly constituted discharge Orders 16-287-00050, dated 13 October 2016. 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 orders indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions. The applicant's contentions concerning his legal issues and that he never informed his unit of why he left, were 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. Further, 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. The applicant requests a narrative reason change. However, when service members are discharged from the U.S. Army Reserve, orders are published indicating the effective date and characterization of the discharge. Narrative reasons and RE Codes are not included in the order. Insomuch as the applicant's discharge order does include these elements, there is no basis to change the discharge order. Further, if the applicant desires to rejoin the military, 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 Army at the time, and are required to process waivers of reentry eligiblility. The applicant contends that he had good service. 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. The applicant is to be commended for his accomplishments. 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. 9. BOARD DETERMINATION: In a records review hearing conducted at Arlington, VA on 1 March 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 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 AR20170005722 4