1. Applicant's Name: a. Application Date: 5 June 2017 b. Date Received: 29 June 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable, and to restore rank to Sergeant E-5. The applicant seeks relief contending, in pertinent part and in effect, the applicant's sexual orientation was identified in 2009, post deployment to Iraq. As a matter of integrity, the applicant worked with the unit on an imminent discharge under the DADT (Don't Ask, Don't Tell) policy. The applicant was asked not to return to training and that the applicant would be contacted, when necessary. The applicant had not been contacted by the unit, nor was the applicant aware of the discharge and the type of discharge, until the applicant made a request for the records. An upgrade would reflect the applicant's unwavering commitment to the country. In a records review conducted at Arlington, VA on 13 January 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 14 July 2009 c. Separation Facts: NIF (However, HRC Soldier Management System or IWS shows the applicant was involuntarily separated on 14 July 2009, due to misconduct.) (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 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 April 2003 / 8-year MSO (USAR) b. Age at Enlistment / Education / GT Score: 17 / HS Transcript / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 38A10, Civil Affairs Specialist / 6 years, 2 months, 17 days d. Prior Service / Characterizations: USAR (28 April 2003 to 17 June 2004) / NA IADT (18 June 2004 to 9 September 2004) / HD 10 September 2004 - Continuous Service) e. Overseas Service / Combat Service: SWA / NIF f. Awards and Decorations: ASR g. Performance Ratings: 15 March 2006 thru 14 March 2007, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: NIF / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 5 June 2017, with self-authored statement; Privacy Release Form, dated 5 June 2017; National Personnel Records Center letter, dated 16 June 2015; promotion Orders; discharge Orders; and DD Form 214 (9 September 2004). 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 establishes policy and prescribes procedures for separating members for misconduct. 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. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. 2. 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, and to restore his rank to Sergeant E-5. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. After carefully examining the applicant's available military records, there are insufficient mitigating factors to make a determination upon the applicant's quality of service or the merit of his issues. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the US Army Reserve. However, the record contains a properly constituted set of discharge orders. This document identifies the characterization of the discharge as under other than honorable conditions under the provisions of AR 135-178, and government regularity is presumed in the discharge process. Barring evidence to the contrary, it appears that 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 the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained in the US Army Reserve. Although the applicant is scheduled for a personal appearance hearing, it would still be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete 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, in consideration of the applicant's quality of his service prior to any incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. Insofar as his request to restore 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 the applicant believes there was an error or injustice of reducing his rank, in his current discharge, his application would be forwarded to the Army Board for Correction of Military Records for their consideration. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 January 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / RE-1 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 AR20170010216 1