1. Applicant's Name: a. Application Date: 24 July 2017 b. Date Received: 27 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, that he was unfairly discharged. The applicant contends his unit failed to follow the requirements of AR 600-9 in regard to helping him with his height and weight issues which he believes resulted in his discharge. He contends he fulfilled five of his six years of service, received the ARCAM, was a licensed vehicle operator, and was awarded five retirements points. He also attached to his application letters of support from people who have known him before, during and after his service as well as criminal background checks from the Pennsylvania State Police, the Ohio Bureau of Criminal Investigation, and the Federal Bureau of Investigation. In a personal appearance hearing conducted at Arlington, VA on 21 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: NIF / AR 135-178 / NA / Uncharacterized b. Date of Discharge: 14 December 2002 c. Separation Facts: (Based on documents submitted by the applicant.) (1) Date of Notification of Intent to Separate: 14 December 2002 (2) Basis for Separation: The applicant was informed of the following reason: failure to report to IET-Phase 2 under the provisions of AR 135-178 Chapter 8. It was noted that the applicant was not able to meet the Army Reserve height-weight requirements which has kept him from reporting to Advanced Individual Training (AIT). Therefore he had not met the army Reserve requirement of being Duty Military Occupational Skill Qualified (DMOSQ) (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: NA (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 December 1997 / 8 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 107 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 4 years, 11 months, 25 days d. Prior Service / Characterizations: USAR, 20 December 1997 to 10 June 1998 / NA ADT, 11 June 1998 to 14 August 1998 / NIF (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NIF g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Physical Profile for lower leg compartment syndrome, dated 6 May 2000. Body Fat content Worksheet, dated 17 September 2000 Report to Suspend Favorable Personnel Actions (FLAG), dated 18 September 2000 Counseling statement reference the applicant's exceeding the weight allowance and Physical Fitness Test (APFT) i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Letter from the University of Pittsburg Physicians Department of Orthopedic Surgery, dated 20 April 2000, which make reference to the applicant having been diagnosed with exertional compartment syndrome and as such he was unable to attend his acquired Advanced Individual Training (AIT) course. The applicant had been operated on in the summer of 1999 and prescribed a physical therapy program. 5. APPLICANT-PROVIDED EVIDENCE: Online application; letters of support; background checks; personnel files to include enlistment contract; notification of discharge action; and copy of his discharge orders. 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 For USAR Soldiers, entry-level status begins upon enlistment in the USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized 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 complete 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 2 December 2003, DA, HQS, 99th Regional Readiness Command, Coraopolis, PA, Orders 03-336-00218, discharged the applicant from the US Army Reserve, effective 14 December 2002, with an uncharacterized 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. It should be noted; for USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). Soldiers completing Phase I BT or basic combat training (BCT) remain in entry-level status until 90 days after beginning Phase II. Evidence in the record shows the applicant did not complete Phase II (AIT) although he completed 4 years, 11 months, and 25 days of service. Therefore he was still in an entry-level status. An honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The service record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. The applicant seeks relief contending, in effect, that he was unfairly discharged. The applicant contends his unit failed to follow the requirements of AR 600-9 in regard to helping him with his height and weight issues which he believes resulting his discharge. He contends he fulfilled five of his six years of service, received the ARCAM, was a licensed vehicle operator, and was awarded five retirements points. He also attached to his application letters of support from people who have known him before, during and after his service as well as criminal background checks from the Pennsylvania State Police, the Ohio Bureau of Criminal Investigation, and the Federal Bureau of Investigation. The applicant's contentions were noted; however, a determination as to the merit of these contentions cannot be made because the completed 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): None. b. The applicant presented the following additional contention(s): None. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 21 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 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 AR20170011396 4