1. Applicant's Name: a. Application Date: 9 May 2017 b. Date Received: 12 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, was a Soldier who always exceled on the physical fitness test, was always on time during drill weekends, and communicated to the command sergeant (sic) in advance, even if the applicant was going to miss a day, in order to make up such days. The applicant came from a humble life, but earned a Bachelor's Degree in Biochem and Molecular Biology in 2007. The applicant had a fiancé, a great job at Genentech and was serving the United States in the Army Reserve. In 2007, the applicant's grandmother, who was like a mother, was diagnosed of uterine cancer. The applicant never thought that in a few months life could turn upside down, and after all the hard work, everything was gone. The applicant lost the fiancé, job at Genentech, and was discharged from the Army. The applicant was left with a huge debt and ended up pretty much in the streets. In December 2007, the applicant communicated to the command sergeant (sic) of the unit that the applicant would be flying back to Peru to take care of the grandmother. The applicant did not know that during a three month period, there was a change of three different command sergeants (sic) in charge of the unit and the applicant's living situation was not passed along to the third command sergeant (sic). After discharge, the applicant was informed that the unit sent several communications to the home address of record and obviously the unit did not receive any response back, because the applicant was not physically in the states. The applicant should have contacted other members of the military unit via email, but at that time the applicant's mind was somewhere else and did not act reasonably or responsibly, which led to discharge. In March 2007, the applicant's grandmother passed away and the applicant returned to drill weekend in April 2007 and learned the unit had a new command sergeant (sic) and there was also a letter of discharge awaiting. The applicant's discharge had a huge effect, did not have any other income, and basically ended up living on the streets. It took a while to recover and begin to believe again. The applicant was able to get back school and earn two Masters Degrees in Global Public Health and Pharmaceutical sciences. The applicant was able to travel to Ethiopia-Africa in 2012 and volunteered to help underserved people from rural areas. The applicant has developed a program called "Students Without Borders" in order to promote health promotion in underserved areas of Peru and to give clothes/food to underserved people. On March 2014, the applicant was accepted into the doctors of pharmacy program at the University California of San Francisco (UCSF), which is one of the top schools worldwide. The applicant is currently applying to medical school at UCSF and is almost done with pharmacy school. The applicant requests forgiveness and a second chance to prove that after nine years, has become mentally stronger, more mature and responsible. In a records review conducted at Arlington, VA on 23 January 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: NIF / AR 135-178 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 3 April 2008 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 c. Highest Grade Achieved / MOS / Total Service: NIF d. Prior Service / Characterizations: NIF e. Overseas Service / Combat Service: NIF f. Awards and Decorations: NIF g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Orders dated, 3 April 2008, reflects the applicant was reduced in rank to PV1 and discharged from the USAR with a characterization of service of Under Other Than Honorable Conditions, effective 3 April 2008. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application; discharge orders; Regents Scholar; two Master's Degree diplomas; Certificate of Achievement; and, college transcripts. 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned two Masters Degrees; traveled to Ethiopia-Africa and volunteered to help underserved people; developed a program to promote health promotion and to give clothes/food to underserved people in Peru; and, was accepted into the doctors of pharmacy program at the University California of San Francisco. He is currently applying to medical school at UCSF and has almost completed pharmacy school. 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 general (under honorable conditions).. 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 08-094-00044, dated 3 April 2008. 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 about informing his unit of his grandmother's illness, 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 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 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 23 January 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 AR20170007706 1