1. Applicant's Name: a. Application Date: 30 November 2017 b. Date Received: 18 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the applicant enlisted in the US Army Reserve in Detroit, Michigan in August 2001. However, the recruiter made an error by assigning the applicant to a unit in West Palm Beach, Florida. The applicant never intended to live in Florida. The applicant was informed that the unit of assignment would be fixed upon completing training. The applicant completed basic and AIT in May 2002. In December 2002, the applicant received orders to report for active duty with 320th OSU in West Palm Beach, Florida for OEF, effective 10 January 2003. The applicant reported and served the country with honor, and was demobilized on 23 September 2003. The applicant returned to Detroit, Michigan. The applicant tried transferring to a unit close to home in Michigan. However, a decision was made to discharge the applicant after two years of trying to transfer. The current discharge does not allow the applicant to receive any veterans' benefits, specifically for health and home loan. The DD Form 214 for actively service on a deployment is nonexistent. The applicant served in OEF/OIF and was awarded the Armed Forces Reserve Medal with M Device. The West Palm Beach, Florida address on activation Orders is the general address of Northwood University, a school the applicant was accepted, which the recruiter used for a unit in Florida. In a records review conducted at Arlington, VA on 6 March 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: NA / AR 135-178 / NA / General (Under Honorable Conditions) b. Date of Discharge: 14 December 2005 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 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 August 2001 / 8-year MOS USAR b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 88N10, Transport Management Coordinator / 4 years, 3 months, 18 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / NIF f. Awards and Decorations: AFRM-M DEV g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: NIF / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 30 November 2017; Discharge Orders; MOB Orders, dated 2 January 2003; and VA letter, dated 30 November 2017. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 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 an upgrade of his general (under honorable conditions) discharge to 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 his service or 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 set of discharge orders. This document identifies the characterization of the discharge as general (under 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 corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained in 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 the discharge was unjust because he enlisted in the USAR in Detroit, Michigan; however, his recruiter made an error by assigning him to a unit in West Palm Beach, Florida; he was informed that his unit of assignment would be fixed upon completing his training in May 2002; in December 2002, he received Orders to report for active duty with 320th OSU in West Palm Beach, Florida for OEF, effective 10 January 2003; he reported and served, and was demobilized on 23 September 2003; upon, returning to Detroit, Michigan, he tried working for an assignment in Michigan, but, a decision was made to discharge him after two years of trying to transfer. 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 any evidence to support the contention that he was 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. In consideration of the applicant's service accomplishments and quality of his service in the available record, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends his discharge does not allow him to receive any veterans' benefits, specifically for health and home loan. However, eligibility for veterans' 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. The applicant contends DD Forms 214 for his active services are nonexistent. However, the creation of discharge certificates is not within the purview of the Army Discharge Review Board. According to AR 635-8 (Separation Processing and Documents), paragraph 8-1b(5), for former active duty Army and Reserve Personnel, a copy of the appropriate discharge certificate may be acquired by contacting: Commander, US Army Human Resources Command, Human Resources Service Center (AHRC-PDR-V), 1600 Spearhead Division Avenue, Department 420, Fort Knox, KY 40122-5402 or email unencrypted inquiries at usarmy.knox.hrc.mbx.tagd- ask-hrc@mail.mil. 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 6 March 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 AR20180002117 4