1. Applicant's Name: Application Date: 24 June 2017 b. Date Received: 30 June 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable and a change to reason for separation. The applicant seeks relief contending, in effect, was unjustly discharged and would like an upgrade of discharge for the purpose of being able to continue a military career. The applicant has had a successful career in the military. The applicant has served under four separate Services, starting with Army, Coast Guard, Reserve Coast Guard and National Guard. The applicant has approximately 15 years of uniform service. The applicant has taken three pay grade reductions in order to be able to transfer to explain why the applicant is still an E-4 after 15 years of service. The applicant has enjoyed the challenges of seeking out and completing new career fields and these experiences have helped the applicant excel in a civilian career. The applicant carried a Secret Clearance for most of this time and has completed the investigation for a Top Secret Clearance. Throughout the time in service, the applicant has had no UCMJ issues; this is the most serious offense. During 2016, the applicant endured some big life changes and activities that required immediate attention. During this time there were a few incidences that resulted in some miscommunication between the chain of command and the applicant that resulted in some excused and unexcused absences. During the time of absence, the applicant had gone on a honeymoon, sold a home in WA, received orders for transfer in a government job to Texas, bought a new home and executed those orders which relocated the applicant to Texas. The applicant had requested a leave of absence which was granted. During this excused absence, the following drill weekend had been rescheduled without knowledge. The applicant was present for the drill, but found out upon arrival and made contact with a member of the squad that the drill had been rescheduled. The unit failed to provide the applicant with a duty letter for the next date. Without a letter, the applicant was not excused from the government employer. In the following week the applicant had made contact with the unit in person to notify them about receiving orders for a transfer to Texas. The applicant supplied a copy of the notification letter that the transfer had been granted along with a memo of intentions and a request for transfer. The applicant made arrangements with the supply officer to return all issued gear. This gear was returned in full with no discrepancies the following week. The applicant spoke with the readiness NCO and through that NCO, the CO said if the applicant showed up for the next drill weekend they would sign the transfer request. The applicant expressed that this would be causing a hardship due to packing, the closing of home and other moving arrangements but if it would put the applicant in the green than the applicant would make a point to be there. At this next drill, the applicant was informed that the transfer was not granted and was to be processed out for the AWOL's. The applicant figured there was nothing to do at this point so the applicant settled into the new home and duty location in Texas. By the second month, the applicant had not received a DD Form 214 and was unable to make contact with the chain via phone or e-mail. The applicant reached out to the State Transfer Officer who was unable to release the applicant without the CO's signature. The applicant reached out to a previous XO to see about making contact and finding out what to do. The XO was able to do so and after a lot of communication with the CO, now said to find a unit that would accept the applicant and the release would be granted. The applicant was able to find a new unit with the help of a local recruiter. The applicant provided the CO with a local unit, along with a current PT test. After again fulfilling the requirements, the CO said he was unaware the readiness NCO had already processed the discharge to the next level. The applicant had exhausted all options and made contact with the Washington State Office of Inspector General. The applicant provided supporting documentation to include texts and e-mails. This formal investigation was completed. This investigation resulted in the CO requesting a reversal of discharge which was supported by the Inspector General and The Adjutant General. The applicant now would like the opportunity to continue a military career. In a records review conducted at Arlington, VA on 17 April 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, and a prior period of honorable service. 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 135-178 / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 15 December 2016 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: 12 December 2013 / 6 years b. Age at Enlistment / Education / GT Score: 34 / 13 years / 101 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B10, Infantryman / 17 years, 10 months, 25 days d. Prior Service / Characterizations: RA, 21 January 1999 to 20 January 2002 / HD Homeland Security, USCG, 7 January 2001 to 6 January 2010 / HD CG Personnel Command, 7 January 2010 to 11 September 2011 / NIF Homeland Security, USCG, 12 September 2011 to 30 September 2012 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, CGMTC, CGPUC, CGGCM g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Memorandum from the Commander Headquarters Battery, 2d Battalion, 146th Field Artillery, Olympia, Washington, which indicates after completing his commander's inquiry into the discharge of the applicant he determined that separating him for unsatisfactory participation was unnecessary. New information provided by the applicant after his discharge shows that he provided the necessary documents for completing an interstate transfer to Texas. The Readiness NCO failed to process the Soldiers request, which ultimately lead to the separation. As a result he requested reversal of the applicant's separation and reduction to E-1 in light of the circumstance so that the applicant may transfer to the Individual Ready Reserve. This would allow him to enlist with a unit in Texas and remain a participating member of the Army Memorandum from the Adjutant General Camp Murray, Washington; which noted that he would upgrade the applicant's discharge himself if he could. However, Army Regulation 135-178, paragraph 2-13, prohibits him from doing so under the current circumstances. Upgrading the applicant's discharge to a General (Under Honorable Conditions) would restore the applicant's rank to E-4 and allow him to enlist in the National Guard in his new state. While he has made mistakes, he has shown a desire to continue to serve. Upgrading his discharge would provide him the opportunity to serve and the taxpayers the chance to recoup their investment in his training. Memorandum from the Office of the Inspector General Camp Murray, Tacoma, Washington recommending the applicant apply to the Army Discharge Review Board for correction of his case/records. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application; memorandum from The Adjutant General Camp Murray, Washington; memorandum from the Office of the Inspector General Camp Murray, Tacoma, Washington; and a memorandum from the commander Headquarters Battery, 2d Battalion, 146th Field Artillery, Olympia, Washington 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 his under other than honorable conditions discharge to honorable and a change to his 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 Army National Guard and as a Reserve of the Army. However, the record shows that on 6 January 2017, Headquarters Military Department State of Washington, Camp Murray, Tacoma, Washington 98430-5000, Orders 006-540, discharged the applicant from the Army National Guard and as a member of the Army Reserve, effective 15 December 2016, with an honorable discharge. However, on 11 January 2017, Headquarters Military Department State of Washington, Camp Murray, Tacoma, Washington 98430-5000, Orders 011-503, amended orders 006-540, and discharged the applicant from the Army National Guard and as a member of the Army Reserve, effective 15 December 2016, 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 that he was unjustly discharged and that he would like an upgrade of his discharge for the purpose of being able to continue his military career. The applicant contends that he has had a successful career in the military. He has served under four separate Services, starting with Army, Coast Guard, Reserve Coast Guard and National Guard. He has approximately 15 years of uniform service. The applicant's contentions were carefully considered, however, a determination on whether these contentions have merit 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. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. It should be noted; in paragraph 4a: Memorandum from the Commander Headquarters Battery, 2d Battalion, 146th Field Artillery, Olympia, Washington, which indicates after completing his commander's inquiry into the applicant's discharge, he determined that separating him for unsatisfactory participation was unnecessary. New information provided by the applicant after his discharge shows that he provided the necessary documents for completing an interstate transfer to Texas. The Readiness NCO failed to process the Soldiers request, which ultimately lead to the separation. As a result he requested reversal of the applicant's separation and reduction to E-1 in light of the circumstance so that the applicant may transfer to the Individual Ready Reserve. This would allow him to enlist with a unit in Texas and remain a participating member of the Army Memorandum from the Adjutant General Camp Murray, Washington; which stated that he would upgrade the applicant's discharge himself if he could. However, Army Regulation 135-178, paragraph 2-13, prohibits him from doing so under the current circumstances. Upgrading the applicant's discharge to a General (Under Honorable Conditions) would restore the applicant's rank to E-4 and allow him to enlist in the National Guard in his new state. While he has made mistakes, he has shown a desire to continue to serve. Upgrading his discharge would provide him the opportunity to serve and the taxpayers the chance to recoup their investment in his training. Although the applicant's record is void of the facts and circumstances leading to the discharge are unknown. It appears an error accrued in the separation of the applicant as noted by the unit commander and separation authority. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to rejoin the military to be an active member of the Army again and for employment purposes. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. Therefore it appears, based on the available records and documents submitted by the applicant, the discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority and that the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 April 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, and a prior period of honorable service. 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. 10. 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 AR20170010142 1