1. Applicant's Name: a. Application Date: 30 December 2017 b. Date Received: 12 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 and a narrative reason change. The applicant seeks relief contending, in effect, the quality of service as an enlisted Soldier was consistent with acceptable personal conduct, Army Regulations and the customs and traditions of the Army and believes an honorable discharge is the proper characterization of military service in the Army Reserve from 2007 to 2009. The applicant states was authorized assistance by letter of instruction and referral in obtaining an assignment within reasonable commuting distance of new residence to avoid continued economic and physical hardship trying to commute. The notice to Army Reserve unit of change of address, which was 126 miles (252 miles round trip) from his unit exceeded the maximum involuntary travel distance allowed for an enlisted Soldier, and since quarters were not provided, the applicant was authorized assistance. When no letter or referral was provided, and after trying to obtain an assignment on own without success, request for temporary transfer to the IRR was consistent with proper personal conduct in accordance with Army Regulations and the customs of the Army. The applicant states, because notified his Army Reserve unit of location and change of address, absence from participation was authorized pending reassignment, transfer to the IRR, discharge, return to the unit, or expiration of the authorized absence. The applicant was given credit for constructive attendance without pay, therefore participation was satisfactory. In September 2008, the applicant updated mailing address with unit from Huntsville to Tuscaloosa, because the applicant had enrolled in The University of Alabama as a full-time student. The applicant was pursuing goal of becoming a teacher, achieved in August 2010, with a Professional Educator Certification in December 2010. In November 2008, because of the economic and physical hardship of commuting 126 miles (252 miles round trip) to drill, which took about two and one half hours of travel time one way, applicant requested unit assist in obtaining an assignment with an Army Reserve unit within commuting distance of new residence in Tuscaloosa. In January 2009, DFAS issued my W-2, Wages and Tax Statement for 2008 with total compensation of $6,365.20. In February 2009, the requested voluntary temporary reassignment to the IRR via email to the Commander through the Unit Administrator. The applicant did so because applicant had not received help or guidance from chain of command and because applicant was not successful in locating a unit vacancy, even with family member help. The 90 day leave of absence time period was also due to expire. In March 2009, the applicant sent a second request by certified mail, since had not received a reply to IRR request. The Order discharging the applicant, dated 5 May 2009, reflected the applicant's former address in Huntsville. The applicant states, never received the order or memorandum, instead learned of the general discharge in September 2017, when requested OMPF. The order and memorandum was apparently scanned into the record in 2014. The applicant states, under Army Regulations, the reasonable action was to transfer to the IRR as requested, which the applicant requested before the expiration of the 90 day leave of absence period. The determination that the applicant was an unsatisfactory participant, without any notification, is inconsistent with the fact the applicant notified his unit of change of address and had requested assistance in transfer to a unit within reasonable commuting distance of his new residence. The applicant believes based on these circumstances, service should be considered honorable for military service in the Army Reserve from 2007 to 2009. In a records review conducted at Arlington, VA on 5 August 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: Unsatisfactory Participation / AR 135- 178 / Chapter 13 -1 / NIF / NIF / General (Under Honorable Conditions) b. Date of Discharge: 18 May 2009 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: 4 April 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 September 2007 / NIF b. Age at Enlistment / Education / GT Score: 22 / 1 year college / 107 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42L1P, Administration Specialist / 5 years, 8 months, 19 days d. Prior Service / Characterizations: ARNG, 28 August 2003 - 16 September 2007 / HD IADT, 16 October 2003 - 6 February 2004 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: ORDERS 09-125-00002, dated 5 May 2009, reflects the applicant was discharged from the Army Reserve, effective 18 May 2009, with General (Under Honorable Conditions) discharge. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DA Form 4187; DD Form 293; TPU Vacancies memo; Orders C-10-730051; PS Form 3817; applicant letter; DD Form 93; two Transmission Verification Reports; Statement of Understanding for Use with Army Tuition Assistance; transcripts; Professional Educator Certificate; Request for Assistance Obtaining an Assignment because of Relocation; MapQuest document; W-2; three Voluntary Temporary Reassignment to IRR Requests for Approval; Statement for Record; PS Form 3800; Request for Help; Orders 09- 125-0002; Separation Authority decision memo. 6. POST SERVICE ACCOMPLISHMENTS: The applicant enrolled in college and earned his Professional Educator Certification. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under 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. However, 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 09-125-00002, dated 5 May 2009. 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 general (under honorable conditions). The applicant's contentions about properly notifying his unit of a change of address and requests for assistance in obtaining a unit of assignment, 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 include a narrative reason, there is no basis to change the discharge order. Further, if the applicant desires to rejoin the military, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility. The applicant contends that he had good service. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 5 August 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 AR20180002267 1