1. Applicant's Name: a. Application Date: 26 September 2017 b. Date Received: 23 October 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 and a narrative reason change. The applicant seeks relief contending, in effect, the discharge was inequitable because it was based on isolated incidents during a period of 66 months of service with no other adverse action. This included active duty, service in a combat zone, and reserve duty. His separation was based on unexcused absences while serving in the United States Army Reserve, but the discharge was inequitable and improper. The applicant defers to his chronological history, which documents the arbitrary, capricious, and abuse of discretion taken by his former unit. The applicant states, his discharge was arbitrary, capricious, and an abuse of discretion by individuals within his unit due to the lack of notice and incomplete information provided. Only one letter of instruction was issued to the applicant prior to his formal separation, but both the letter and discharge letter were incorrectly mailed to the applicant. The applicant states, that his discharge was inequitable as there was an intention and arrangements to return to a satisfactory status with the Army Reserve. However, actions or inactions at the applicant's former unit, led to applicant's premature discharge and the premature discharge of at least one other Soldier. The applicant states, his reserve affiliation bonus contract was never executed properly in that the Army failed to provide the agreed-upon and contractually-signed $5,000 bonus. Instead, only a $4,000 bonus was paid due to a mistake reportedly made by another Soldier. In a records review conducted at Arlington, VA on 17 October 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 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 6 November 2014 c. Separation Facts: (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 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 August 2012 / The applicant was transferred to the USAR, after completion of his Active Duty enlistment, with a USAR obligation termination date of 29 January 2017. b. Age at Enlistment / Education / GT Score: 35 / GED / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 3 years, 5 months, 1 day d. Prior Service / Characterizations: RA, 10 March 2009 - 10 August 2012 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (19 March 2011 - 6 March 2012) f. Awards and Decorations: ARCOM-2, AAM, NDSM, ACM-2CS, GWOTSM, ASR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Letter of Instructions - Unexcused Absence, dated 14 July 2014, reflects the applicant was absent from a scheduled unit training assembly (UTA) or a multiple unit training assembly (MUTA) for the following periods: 12 July 2014 (MUTA 1 and 2) 13 July 2014 (MUTA 1 and 2) 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the 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 and a narrative reason change. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. However, the applicant's record does contain a properly constituted discharge Orders 14-303-00019, dated 30 October 2014. Barring evidence to the contrary, it appears 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 his service mitigated the type of discharge he received from the U.S. Army Reserve. The orders indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions. The applicant's contentions regarding inaction or arbitrary actions by his unit, were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. 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's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant requests a narrative reason change. However, when service members are discharged from the U.S. Army Reserve, orders are published indicating the effective date and characterization of the discharge. Narrative reasons are not included in the order. Insomuch as the applicant's discharge order does not include this element, there is no basis to change the discharge order. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends his reserve affiliation bonus contract was never executed properly in that the Army failed to provide the agreed-upon and contractually-signed $5,000 bonus. However, the applicant's issues do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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. 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 October 2018, 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 AR20170016015 1