1. Applicant's Name: a. Application Date: 29 April 2018 b. Date Received: 3 May 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he was in the IRR and was activated and assigned to a transportation unit that was deploying to Iraq. The applicant was told he would go as a diesel truck mechanic. The applicant's MOS was 51K (Plumber). The applicant reported to the new unit where he was told they did not want the applicant because his MOS was not needed in the unit and there was not enough time to send him to AIT for a secondary MOS. The applicant was called into the commander's office, along with several other Soldiers who were in the same situation as the applicant. The Major told them they we were going to be given orders to report for duty for a weekend drill that was not going to happen. They were told to not show up, so they could be discharged from the unit and put back into the IRR. The applicant states that at that time, he was in the process of filling out the packet for flight school. The applicant was promised an honorable discharge to allow he to still apply for flight school. The applicant was planning on attending the weekend drill and when he reported, no one was at the base. When he received his discharge it was not honorable. The applicant returned to the unit and spoke with the Major in command a second time and he apologized and stated there was nothing he could do about the discharge characterization. The applicant went to a recruiter to see if he could get back into the IRR, but they were not willing to work with him because they had too many applicants at the time. Since his discharge, the applicant has become a civilian helicopter pilot and has obtained his Bachelor's degree in Aviation from Utah Valley Stale College. Afterwards he became a substitute school teacher until he became an Officer for the California Highway Patrol. The applicant has served in the CHP since 2007 and has had no disciplinary incidents as an Officer. 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), based on available medical records, the applicant is 70% service connected for Anxiety Disorder. However, there is no further information. Due to the period of service, active duty electronic medical records are void. The applicant is 70% service connected for Anxiety Disorder; Compensation and Pension (C&P) exam unavailable. VA records are void of contact or other information. Given the lack of information regarding the service connection and separation, and even with liberal consideration applied, mitigation cannot be determined. In a records review conducted at Arlington, VA on 3 February 2021, 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 / NIF / NIF / NIF / General (Under Honorable Conditions) b. Date of Discharge: 12 September 2004 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 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 July 2000 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 23 / Associates' Degree / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 51K10, Plumber / 4 years, 1 month, 22 days d. Prior Service / Characterizations: IADT, 17 January 2001 - 20 May 2001 / NIF (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR, NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Orders 04-256-00019; Orders C-12- 329215; Certificate of Achievement; Announcement of Awards; DD Form 214; Certificate of Recognition; Certification of Completion. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he was a civilian helicopter pilot and obtained his Bachelor's degree in Aviation. The applicant states he also was a substitute school teacher and has been working as an Officer for the California Highway Patrol since 2007. 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 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. However, the service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. Applicant is encouraged to re-apply with evidence of the basis of separation. The applicant's record does contain a properly constituted discharge Orders 04-256-00019, dated 12 September 2004. 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 being told not to report for Drill, was 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 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 3 February 2021, 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 / 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 AR20180007179 3