1. Applicant's Name: a. Application Date: 20 July 2017 b. Date Received: 7 August 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. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of having benefits reinstated. The applicant contents that when the applicant joined the Army, the applicant had 5 years of JROTC and had a letter to join as an E-3. The applicant worked up to E-3 when the applicant was due to be E-4. The applicant was under ranked and under paid; was released as E-4 getting E-2 pay and was sent to a unit that had no engineers. The applicant contends that the unit was disbanded and the 21B's were told to go to war or change jobs. The applicant signed and was accepted to re-class. Then the applicant received an involuntary transfer to Bryan TX in which the applicant was not provided a way there; which the applicant had no job and no car. So the applicant wanted to get out, signed two contracts one for 4 years and one for 8 years; 2 years Active and 6 years Reserve. After AIT, the applicant asked the chain of command to go full time active and was turned down. Despite the injuries, the applicant was at the top of the class and a fine Soldier. The applicant is now asking that the discharge be reversed and benefits be reinstated. In a records review conducted at Arlington, VA on 17 April 2020, 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 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 8 September 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: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 April 2005 / 8 years b. Age at Enlistment / Education / GT Score: 18 / NIF / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / Combat Engineer / d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NIF 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: DD Form 293. 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. 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 that on 8 September 2009, DA, HQS, 416th Theater Engineer Command, Darien, IL, Orders 09-251-00041, discharged the applicant from the US Army Reserve, effective 8 September 2009, 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 when he joined the Army he had 5 years of JROTC and had a letter to join as an E-3. He worked his way to E-3 when he was due to be an E-4. He was under ranked and under paid; he was released as E-4 getting E-2 pay and he was sent to a unit that had no engineers. The applicant contends that his unit was disbanded and the 21B's were told to go to war or change jobs. He signed and was accepted to re-class. Then he received an involuntary transfer to Bryan TX in which he was not provided a way there; which he had no job and no car. So he wanted to get out, he signed two contracts one for 4 years and one for 8 years; 2 years Active and 6 years Reserve. After AIT he asked the chain of command to go full time active and was turned down. Despite his injuries he was at the top of his class and a fine Soldier. He is now asking that his discharge be reversed and his benefits be reinstated. The applicant's contentions were noted; 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 be 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. The applicant expressed his desire for an upgrade of his discharge for the purpose of having his benefits reinstated. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 17 April 2020, 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 AR20170012840 1