1. Applicant's Name: a. Application Date: 7 July 2017 b. Date Received: 31 July 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 general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, just became aware of the current discharge, two months prior to completing a term of enlistment. After completing advanced individual training (AIT) and a short time after being assigned to 914th Combat Support Hospital, a few Soldiers began to torment and bully the applicant. As the bullying became worst, the applicant informed the sergeant, who appeared to genuinely care. Despite, the harassment continued, and decided not to return to the unit. The applicant was only 19 when this wrong decision was made. Unfortunately, the applicant was not aware that the unit commander attempted to reach out, apologizing for the unsatisfactory letters from the unit. Subsequently, the applicant was processed from 914th Combat Support Hospital to the Inactive Ready Reserve (IRR) due to unsatisfactory participation (Orders, dated 19 July 1999). After explaining to the unit of the situation and experiences, the applicant elected and volunteered to join another unit. The applicant was reassigned to 758th OD CO Maintenance, Whitehall, OH (Orders, dated 28 September 2000). The applicant attended unit drills without issues until the father suffered a massive heart attack and stroke-the father required constant care. The applicant informed the unit and was excused from missing a few drills. However, the seriousness of the father's medical condition caused the applicant to write a letter to the unit, requesting to be returned to the IRR. Despite updating contact information, the unit did not have accurate contact information. Once again, the applicant was transferred to the IRR due to unsatisfactory participation (Orders, dated 21 March 2001). The applicant has also learned that the discharge can be upgrade due to inequitable basis, because the discharge was based on an isolated administrative action. The applicant's father has since passed away. Since discharge, the applicant was employed by several important government and community entities. Current employment is with one of the largest Federal Security companies. The applicant obtained a secret clearance after an extensive background check and has also joined "the Freemasons. An upgrade would allow direct employment with the Department of Homeland Security. The applicant never had any derogatory, insubordination, or discipline issues. Although admitting the applicant could have handled the bullying and father's situation better, the applicant does not feel that there was anything dishonorable or other than honorable to receive an under other than honorable discharge. In a records review conducted at Arlington, VA on 27 March 2019, 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: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 28 February 2006 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 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 May 1998 / 8-year MSO b. Age at Enlistment / Education / GT Score: 18 / GED / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 63J10, Quartermaster and Chemical Equipment Repairer / 8 years, 9 months, 7 days d. Prior Service / Characterizations: USAR (21 May 1998 to 24 June 1998) / NA IADT (25 June 1998 to 25 November 1998) / HD USAR (26 November 1998 - Continued Service) e. Overseas Service / Combat Service: None / None f. Awards and Decorations: ASR g. Performance Ratings: NA 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 293 (Application for the Review of Discharge), dated 7 July 2017, with self-authored statement; letter, undated as Exhibit 1; Reassignment Orders from USAR Control Group to 758th CS Co Maint Co, Whitehall, OH, dated 28 September 2000 (Voluntary); Reassignment Orders from 914 MD HSP CSH Base, Blacklick, OH to USAR Control Group, dated 19 July 1999 (Unsatisfactory Participant); Reassignment Orders from 758th OD Co Maint, Whitehall, OH to USAR Control Group, dated 21 March 2001 (Unsatisfactory Participation); discharge Orders, dated 28 February 2006; Certificate of Membership (Mason), dated 23 April 2007; Associate Degree certificate, dated 22 September 2005; certificate, dated 14 November 2009; and certificate, dated 1 November 2008. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he was employed by several important government and community entities; he is currently employed with one of the largest Federal Security companies; he obtained a secret clearance after an extensive background check; and he has also joined "the Freemasons. His documentary evidence indicate that he has also obtained an Associate Degree. 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 accrued 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. 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. 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 to upgrade his under other than honorable conditions discharge to general (under honorable conditions) or honorable. 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 and 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 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 and insufficient corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the US Army Reserve. If the applicant desires a personal appearance hearing, it would 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. The applicant contends he was never notified of his unit's intent to discharge him with an under other than honorable conditions discharge. However, the available record shows the unit commander of two separate units attempted to work with the applicant by reassigning him to the USAR Control Group due to unsatisfactory participation on two separate occasions. There is also no evidence the applicant provided his unit with the correct contact information. The applicant contends that he was harassed and discriminated by members of his initial unit, and that family health issues prevented him from attending scheduled drills, and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the incidents that led to the separation action under review. The applicant contends that he was young when he made a wrong decision and at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. In consideration of the applicant's post service accomplishments and quality of his service, the Board can find that his accomplishments and complete period of service were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant's numerous contentions and basis that his discharge was unjust were carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discharged or that his discharge was inequitable. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge. 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 27 March 2019, 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 0 5 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 AR20170016194 1