1. Applicant's Name: a. Application Date: 15 August 2017 b. Date Received: 21 August 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 or general (under honorable conditions), a change of his reason for discharge, and a change of his reenlistment code to RE- 1 with a corresponding separation program number/designator. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to reenlist into the military. The applicant contends he joined when he was 16 years old and in the 11th grade through the split operations program with the Army Reserves, but he constantly tried to go active while serving but his sergeant kept giving him the run around. Then later the distance between his unit and home was too great of a distance at that time of his life. He did not have a car and neither did his mother or father, his unit was also around two hours away. He tried to get transferred to a different unit at the time but he was told he could not because of his MOS which was 92G. He is now 21 years of age, has his own car, home, and family and is very much ready and eager to rejoin the military and possibly retire if allowed. He just wants to rejoin the military and support his family while supporting his country at the same time. He believes his age played a big role in his discharge. He was not aware that he could have taken matters into his own hands. He expressed his concerns about transportation due to the lack of his ability to make it to drill which was two hours away. He repeatedly inquired about changing his MOS and a unit closer to him. He was told to go active he would have to take certain steps such as changing his MOS and unit, which he was then let down and failed to be appropriately responded to. He is now prepared and equipped with the necessary requirements to serve. 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 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 27 August 2015 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: 18 March 2013 / 8 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Specialist / 2 years, 5 months, 10 days d. Prior Service / Characterizations: USAR, 18 March 2013 to 3 March 2013 / NA ADT, 4 June 2013 to 23 August 2013 / NIF USAR, 24 August 2013 to 18 June 2014 / NA ADT, 19 June 2014 to 20 August 2014 / HD (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: DD Form 293; DD Form 149; and several pages of email communication. 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 or general (under honorable conditions), a change of his reason for discharge, and a change of his reenlistment code to RE-1 with a corresponding separation program number/designator. 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 20 August 2015, DA, HQS, 63d Regional Support Command, Mountain View, CA, Orders 15-232-00023, discharged the applicant from the US Army Reserve, effective 27 August 2015, 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 he joined when he was 16 years in the 11th grade through the split operations program with the Army Reserves, but he constantly tried to go active while serving but his sergeant kept giving him the run around. Then later the distance between his unit and home was too great of a distance at that time of his life. He did not have a car and neither did his mother or father, his unit was also around two hours away. He tried to get transferred to a different unit at the time but he was told he could not because of his MOS which was 92G. He is now 21 years of age, has his own car, home, and family and is very much ready and eager to rejoin the military and possibly retire if allowed. He just wants to rejoin the military and support his family while supporting his country at the same time. He believes his age played a big role in his discharge. He was not aware that he could have taken mattes into his own hands. He expressed his concerns about transportation due to the lack of his ability to make it to drill which was two hours away. He repeatedly inquired about changing his MOS and a unit closer to him. He was told to go active he would have to take certain steps such as changing his MOS and unit, which he was then let down and failed to be appropriately responded to. He is now prepared and equipped with the necessary requirements to serve. The applicant's contentions along with his submitted documents of support were noted; however, a determination as to the merit of these contentions 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 being able to reenlist into the military. The applicant requests a change to the characterization of his service in order to rejoin the Army. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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 AR20170016386 4