1. Applicant's Name: a. Application Date: 9 January 2018 b. Date Received: 12 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, tested positive on a urinalysis test for cocaine and is completely innocent of this accusation. The applicant did not then or ever use an illicit drug during the 16 years of being a Soldier in the US Army. The records testify the applicant was a Soldier that was promoted continually ahead of peers, earned a number of Army awards and decorations and never once received any disciplinary action while serving. The applicant was forced by circumstances to waive a right to an administrative separation board and was not given a full chance to plead the case. The applicant's civilian job gave a deadline to have the security clearance reinstated or the applicant would be suspended without pay; this is why the applicant was forced to waive a right to the board. The applicant wants to be in the US Army whether it is active or reserve status. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no BH contacts while on active-duty. The applicant is 50% service-connected from the VA for Anxiety disorder and Alcohol Abuse. In summary, there is insufficient evidence if the applicant had a BH diagnosis that was mitigating for the misconduct which led to separation from the Army. In a Travel Panel hearing conducted at Warner Robins, GA on 26 February 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, valor, and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 135-178. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NIF / AR 135-178 / NA / General (Under Honorable Conditions) b. Date of Discharge: 20 January 2017 c. Separation Facts: No (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 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 August 2014 / 6 years / USAR b. Age at Enlistment / Education / GT Score: 34 years / Associates Degree / 109 c. Highest Grade Achieved / MOS / Total Service: E-7 / 13F4P, Fire Support Specialist / 16 years, 4 months, 16 days d. Prior Service / Characterizations: USAR, 7 December 2000 to 11 January 2004 / NA RA, 12 January 2004 to 9 October 2005 / HD RA, 10 October 2005 to 13 November 2008 / HD RA, 14 November 2008 to 17 December 2009 / HD RA, 18 December 2009 to 3 October 2011 / HD USAR, 4 October 2011 to 17 February 2014 / NA AD, 18 February 2014 to 28 August 2014 / HD (Concurrent Service) e. Overseas Service / Combat Service: Germany / Italy / SWA / Afghanistan x4, 23 April 2014 to 7 October 2014, 23 November 2009 to 4 November 2010, 5 May 2007 to 24 July 2008 and 24 February 2005 to 22 February 2006 f. Awards and Decorations: BSM, ARCOM-V DEV, ARCOM-4, AAM-3, AGCM-2, ARCAM, NDSM, ACM-2CS / 2ND AWD, GWOTEM, GWOTSM, NOPDR-2, ASR, OSR-4, ARCOTR, NATO MDL-2, CAB g. Performance Ratings: 1 August 2014 to 31 July 2015, Among The Best 1 August 2015 to 31 July 2016, Exceeded Standard 1 August 2015 to 1 December 2016 / Far Exceeded Standards h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214 (10 November 2014, two pages); DD Form 214, 17 December 2011, two pages); RCMS Automated Record Brief; discharge orders 17-012-00002; and 15 character statements. 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 the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. 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 on 12 January 2017, DA, HQS, 7th Mission Support Command, Unit 23152, APO AE 09054, Orders 17-012-00002, discharged the applicant from the US Army Reserve, effective date; 20 January 2017, with a general (under 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 requests a change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of AR 135-178. The applicant bears the burden of presenting substantial and credible evidence to support his request to change the reason for discharge. There is no evidence in the available record, nor has the applicant provided any evidence, to support the request that the reason for his discharge was improper or inequitable. The applicant contention were carefully considered regarding, he tested positive on a urinalysis test for cocaine and he is completely innocent of this accusation; he did not then or ever use an illicit drug during his 16 years as a Soldier in the US Army; he was forced by circumstances to waive his right to an administrative separation board and was not given a full chance to plead his case; and his civilian job gave him a deadline to have his security clearance reinstated or he would be suspended without pay; this is why he was forced to waive his right to the board. However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, his records testify he was a Soldier that was promoted continually ahead of his peers, earned a number of Army awards and decorations and never once received any disciplinary action while serving. The applicant's service accomplishments and the quality of his service prior to the incident (s) that caused the initiation of discharge proceeding were carefully considered. The applicant wants to be in the US Army whether it is active or reserve status. There was no basis to grant a change to the reason. If reenlistment is desired, 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. It is the applicant's 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at Warner Robins, GA on 26 February 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, valor, and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 135-178. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: AR 135-178 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 AR20180002295 4