1. Applicant's Name: a. Application Date: 28 April 2017 b. Date Received: 8 May 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant through counsel seeks relief contending, in effect, the reserve unit should have followed the regulations when a member relocates to a distance that was not a reasonable commuting distance from the drill location. His unit ignored him and provided him erroneous information. He was subsequently processed out under other than honorable conditions in violations of Department of Defense regulations. He requests restoration of his rank. In a records review conducted at Arlington, VA on 5 September 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: 10 March 2008 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: 17 July 2006 / 6 years / USAR b. Age at Enlistment / Education / GT Score: 34 years / HS Graduate / 122 c. Highest Grade Achieved / MOS / Total Service: E-5 / 68D10, Operating Room Specialist / 10 years, 4 months, 18 days d. Prior Service / Characterizations: RA, 7 August 1990 to 11 January 2003 / HD RA, 12 January 1993 to 21 May 1995 / HD RA, 22 May 1995 to 30 April 1998 / HD Break In Service ARNG, 27 April 2000 to 26 April 2001 / HD Break In Service e. Overseas Service / Combat Service: Korea f. Awards and Decorations: ARCOM-2, AAM-3, AGCM-2, NDSM, NOPDR, ASR, OSR, EIB, (All awards are prior service) g. Performance Ratings: None 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); attorney's brief (six pages); Discharge Orders (two pages); US Army Reserve military base; Map Quest Charlotte to Durham (two pages); Map Quest Pensacola to Durham (three pages); 25 July 2016, SF 180; 25 July 2016 email request to HRC (two pages); 26 July 2016, acknowledgement from HRC, (two pages); 9 October 2016 letter and SF 180 to HRC (two pages); 22 January 2017, letter to Congressman G. (two pages); active duty records, (five pages); Army National Guard Record; Sworn statement, J.R.L. (three pages); Pike Electric Human Resource Department confirming address in Charlotte and Pensacola; Sworn statement, S.R. (three pages); Sworn statement, S.H.(three pages); letter, Fluor Federal Solutions LLC Human Resources, Pensacola addresses from 2008-2104; letter, Director, Case Management Division; and Attorney's letter (two pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant submitted a document which indicates he worked for Fluor Company on the Air Naval Base starting 5 March 2008. He is currently employed by the Pensacola Naval Air Base as a High Voltage Electrician who builds and maintains the utility power systems and the airfield lighting systems. 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 honorable and a change to the narrative reason for separation. 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 on 10 February 2008, DA, HQS, 108th Training Command (Initial Entry Training), Charlotte, NC, Orders 08-041-00001, discharged the applicant from the US Army Reserve, effective date; 10 March 2008, 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 requests a change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of AR 135-178. The applicant bears the burden of presenting substantial and credible evidence to support his request to change the reason for his discharge. There is no evidence in the available record, nor has the applicant provided any evidence, to support the request that the reason for his discharge was improper or inequitable. The applicant seeks relief contending, the reserve unit should have followed the regulations when a member relocates to a distance that was not a reasonable commuting distance from the drill location; and his unit ignored him and provided him erroneous information. However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, he was subsequently processed out under other than honorable conditions in violations of Department of Defense regulations. Under provisions of AR 135-178, 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. The applicant requests restoration of his rank. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. 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 5 September 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 AR20170010007 1