1. Applicant's Name: a. Application Date: 8 November 2017 b. Date Received: 14 November 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade his under other than honorable conditions discharge to general (under honorable conditions), honorable, or uncharacterized, and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, his discharge was inequitable because it was based on an isolated incident with no other adverse action. He was going through a separation, being homeless, losing his job, and having mental stress. His request for regular duty was denied and he tried picking up additional active duty training. The Army did not offer any help when he was at the lowest point in his life. However, currently, he is in a different mindset and his life is good. In a record review hearing conducted at Arlington, VA on 4 June 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: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 29 September 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: 25 May 2004 / 6 years (USAR-TPU) b. Age at Enlistment / Education / GT Score: 25 / GED / 90 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92A10, Automated Logistical Specialist / 19 years, 8 months, 6 days d. Prior Service / Characterizations: ARNG (20 September 1984 to 29 June 1986) / NA IADT (30 June 1986 to 21 August 1986) / UNC ARNG (22 August 1986 to 1 March 1990) / GD USAR Control Grp (2 March 1990 to 29 June 1992) / NA USAR (30 June 1992 to 6 June 1998) / HD USAR (7 June 1998 to 24 May 2004) / HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: ARCAM; ASR; AFRM g. Performance Ratings: December 2001 thru November 2002, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF / NA j. Diagnosed PTSD / TBI / Behavioral Health: 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 8 November 2017; PLDC certificate; /certificate of training; travel itinerary; memorandum, dated 12 May 1998; enlistment contract, dated 25 May 2004; medical operational data system; Personnel Qualification Records, dated 4 August 2002, 11 June 2004; Orders, dated 20 April 2004; DA Form 4187, dated 18 April 2000; DA Form 31, dated 21 December 2015; Service School Academic Evaluation Reports, dated 6 May 2001, 2 May 1999, 20 June 1999; Orders, dated 8, 11 June 2004, 14 June 2000, 18 April 2001, 15 October 2001, 29 November 2001, 22 June 2005, 23 May 2001, 3 May 2002, 14 July 2002, 30 July 2003, 23 May 2003; section chart, dated 9 June 2001; Record of Individual Performance of Reserve Duty Training, dated 5 March 2005, 8 January 2005, 5 February 2005, 6 November 2004,; Excuse from work note, dated 3 June 2000; promotion orders, dated 10 June 2004; retirement points statements, dated 25 and 28 October 2001, 28 October 2002, 23 October 2003; doctor's statement, dated 21 January 2011; memorandum with SRIP charts and information sheet, dated 1 April 2003; assignment, dated 18 April 2000 with applicant's information; ARCAM award memorandum, dated 2 May 2002; memorandum, dated 12 August 2003; NCOER ending November 2002; AFRM award memorandum, dated, 5 May 2002; Annual Training list for 17-31 August 2002; duty appointment, dated 3 November 2002; VA letter, dated 21 January 2007; Certificate/Acknowledgment of US Army Reserve Service Requirements and Methods of Fulfillment; prescription information sheet; Direct Deposit Sign-Up Form; BAQ Allowance, dated 15 February 2003; Retention Data Worksheet; Army/ACE Registry Transcript System; prescription information sheet; medical operational data system immunization record; APFT Scorecard; Drill Schedule, dated 7 April 2001; dental treatment record, dated 3 June 2004, with informed consent for oral surgery and dental health questionnaire; retention data worksheet; Form W-4, dated 9 July 2000, 2 December 2001; record of emergency data; SGLI Election and Certificate; Readiness and Deployment Checklist; laboratory sheet and report, dated 8 October 2002; Report of Medical History, dated 4 October 2002; Report of Medical Examination, dated 4 October 2002; Feds Heal Retention Physical and Annual Dental Examination; discharge orders; DD Form 214; ARNG Report of Separati8on and Record of Service; NPCR letter, dated 26 October 2017; VA letter 25 September 2017; Hearing Test Notification; Feds Heal Program Office; and QM Battalion, cover sheet. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 to upgrade his under other than honorable conditions discharge to general (under honorable conditions), honorable, or uncharacterized, and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence shows the applicant's service record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. The record indicates that on 29 August 2006, Department of the Army, Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 04-241-00001, discharged the applicant from the US Army Reserve, effective 29 September 2006, with an under other than honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient documentary evidence showing that his service mitigated the misconduct or poor duty performance, such that he should have been retained in the US Army Reserve. Although the applicant is scheduled for 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 the incident that caused his discharge 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. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends that he was having issues, such as going through a separation, being homeless, losing his job, and having mental stress that 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 misconduct which led to the separation action under review. The applicant contends that his discharge was inequitable because his request for regular duty was denied, that he tried picking up additional active duty training, and that the Army did not offer any help when he was at the lowest point in his life. 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 may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge or to change the reason for his discharge. The applicant requests to change the narrative reason for his discharge. However, for a discharge from the Reserve component, separation orders dictate the discharge; therefore, there is no DD Form 214, unless the applicant is discharged from an active duty assignment. In the applicant's case, with discharge orders, there is no provision for a narrative reason for his discharge, except that the discharge authority is AR 135-178. 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 record review hearing conducted at Arlington, VA on 4 June 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 AR20170017449 1