1. Applicant's Name: a. Application Date: 22 June 2017 b. Date Received: 21 July 2017 c. Counsel: None 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 he would like an upgrade of his discharge for the purpose of being able to reenlist and continue to serve this nation. The applicant contends that during the month of May, 2009 his father had a heart attack and was transported to the hospital in San Antonio, Texas. At the time he was commuting to school in San Antonio from his hometown of Kerrville, which is an hour away. His father was in the hospital for a couple of weeks recovering from a triple bypass. He immediately called his unit and notified them of the ongoing situation. He asked if it was ok that he miss that months drill to attend to his father and he was graciously allowed, and was told to take care of family first. Given the situation with his father and him not being allowed to work the labor intensive job he had at the time, he had to quit school to take care of him and work to make ends meet, to keep their family home and to basically live life. He immediately notified his unit again and this time asked for his release because he knew he would not be able to make drills with the combination of one car for his family and having to basically make ends meet for his family and at this point losing the family home to foreclosure. They had nowhere to live and there was not a possibility of continuing with drills, school, or life in general. Everything he had going on for him was put on hold, he was granted his hardship release and was very thankful about the understanding. He contends he is older now, thankfully his father is well and there have been no issues in life. He has two jobs, own his own house and is working towards finishing his bachelor's degree in computer science and software engineering. He would like his discharge changed to honorable so that he can finish what he started. He was not aware of his discharge until his recruiter brought it to his attention. He has been trying to reenlist for the past year and was told it would be an easy waiver and that it would take two or three weeks tops. That was back in June of 2016; he has been at this reenlistment process ever since with being told that it will be an easy process and it will only take a simple waiver. During this year long process he has been back and forth with HRC, his old unit, recruiter and anyone else that is associated with the Army trying to do everything he could to reenlist, with everyone giving him different information, on what waiver to get, what letter he needs, or how to change his discharge. A year later and the only thing holding him back is his discharge status. He has passed his physicals, talked with both the Major and Colonel at the recruiting battalion and given the go-ahead by both for reenlistment. He was ready at the time to fulfill his commitment and duties of the United States Army, but had a temporary roadblock in life and now he is even more determined to finish what he started. In a personal appearance hearing conducted at Arlington, VA on 7 May 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: Unsatisfactory Participation / AR 135- 178 / Chapter 13 / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 28 October 2009 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: 10 January 2007 / 8 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 2 years, 9 months, 19 days d. Prior Service / Characterizations: ARNG, 10 January 2007 to 29 May 2007 / NA ADT, 30 May 2007 to 3 October 2007 / UNC (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. AR 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills accrue during a one-year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier's refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135-178. Army policy states 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. The applicant's available record of service, the issues and documents submitted with her 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 28 October 2009, DA, HQS, 416th Theater Engineer Command, Darien, IL, Orders 09-301-00025, discharged the applicant from the US Army Reserve, effective 28 October 2009, with an under other than honorable conditions discharge under the provisions of Chapter 13. 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 his discharge was the result of family issues. 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. Further, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. 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 expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist and continue to serve this nation. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers if appropriate. 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. 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): None. b. The applicant presented the following additional contention(s): Change RE-code. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 7 May 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. 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 AR20170011031 4