1. Applicant's Name: a. Application Date: 11 May 2017 b. Date Received: 16 June 2017 c. Counsel: 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, that his issues are addressed in the record filing and that issue may be supplemented before his hearing date. Evidence in the record shows a prior records review was conducted on 5 October 2016. In his prior records review the applicant, through counsel, requested an upgrade of his under other than honorable conditions discharge to honorable. The applicant was seeking relief contending, in effect, after serving faithfully for nine years and ten months, he was discharged for nothing more than a misunderstanding. He contends his Pakistani background and that of his brother- in-law, played an apparent biased factor, which may have driven the investigation. Additionally, had he had a zealous attorney, then the situation could have been rectified. The Board of Inquiry (BOI) was held without the applicant's presence. A hearing without the applicant, is not a hearing at all. If one believes the applicant did one or all of the things he was accused of, it did not merit an under other than honorable conditions discharge. He contends his discharge was on par with those who have court-martial charges brought against them and accepted a discharge under Chapter 10, which is patently unfair. He believes his discharge should be upgraded as a matter of equity because his Fifth Amendment rights were violated and he had no meaningful representation at his BOI or throughout the process. In a personal appearance hearing conducted at Arlington, VA on 9 April 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, a prior period of honorable service, severe family matters, post-service accomplishments, arbitrary and capricious actions by the chain of command and as a result it is improper. 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NIF / AR 135-175 / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 23 April 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: 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: 2 October 2011 / Indefinite b. Age at Enlistment / Education / GT Score: 27 / Bachelor's Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-3 / 92A QM, General / 6 years, 3 months, 14 days d. Prior Service / Characterizations: USAR, 28 June 2005 to 9 August 2005 / NA ADT, 10 August 2005 to 24 November 2005 / UNC USAR, 25 November 2005 to 13 December 2006 / NIF Break-in-Service ARNG, 25 June 2007 to 25 June 2007 / HD ARNG, 26 June 2007 to 25 January 2008 / NA OAD, 26 January 2008 to 1 June 2008 / HD (Note: The applicant's DD Form 214 erroneously reflects he entered Active Duty on 10 August 2005) The applicant was appointed as a Reserve Commissioned Officer of the Army 2 June 2008 OAD, 2 June 2008 to 1 October 2011 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: ARCOM, ARCAM, AAM, NDSM, GWOTSM, ASR g. Performance Ratings: 1 October 2011 to 30 September 2012, Fully Qualified 1 October 2012 to 30 September 2013, Do Not Promote h. Disciplinary Action(s) / Evidentiary Record: NIF; however, the applicant's prior record review shows that the applicant's counsel provided an extract of the applicant's Show Cause proceedings. The Board found the applicant: Made two false statements on a DA Form 2823, during an interview with an investigating officer (20 October 2012); and, Had knowledge and was in reckless disregard of the fact that an "alien" came to, entered, and remained in the United States in an illegal status and failed to report it to the proper authorities (between 18 January 2010 - 12 February 2011). The Board recommended the applicant be discharged from service with a characterization of service of under other than honorable conditions. General Officer Memorandum of Reprimand (GOMOR), dated 11 May 2013, shows the applicant was recommended 20 October 2012, for making false official statements to an investigating officer and an AR 15-6 investigation concluded that the applicant falsely denied his role in a fraudulent marriage of two others for immigration purposes. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-175 sets forth the basic authority for the separation of officers from the U.S. Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days. Chapters 2 and 3 provide the basis for involuntary separation of USAR officers. Specific categories include substandard performance of duty, moral or professional dereliction, in the interest of national security, as a result of trial by court martial, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without proper authority from unit training. 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. 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 the former Soldier's discharge from the US Army Reserve. However, the record shows that on 26 March 2015, DA, U.S. Army Human Resources Command, Fort Knox, KY, Orders D-03-506218, discharged the applicant from the US Army Reserve, effective 23 April 2015, with an under other than honorable conditions discharge. Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions regarding inadequate legal counsel and being bias during the discharge process were noted. However, a determination as to the merit of these contentions cannot be made because 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. Based on the available record, the discharge appears 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. 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 the following additional document(s): Sworn statement and supporting documents - 24 pages Counsel memorandum for ADRB - 3 pages b. The applicant presented the following additional request(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 9 April 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, a prior period of honorable service, severe family matters, post-service accomplishments, arbitrary and capricious actions by the chain of command and as a result it is improper. 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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 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 AR20170009753 3