1. Applicant's Name: a. Application Date: 24 April 2018 b. Date Received: 30 April 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 and a narrative reason change. The applicant seeks relief contending, in effect, he has been attempting to rejoin the military, however, each recruiter states the code the applicant received makes him ineligible to join or receive benefits. The applicant believes an upgrade would give him the opportunity to rejoin and use his benefits for ROTC or to use as he is entitled to use. The applicant believes while he was in the Army Reserve, he did his part as a Soldier to make the unit a better unit. The applicant states, when he arrived to his unit, he realized that it was not for him in the sense that it was not high-speed. On the weekends he would go to drill where they did not do PT or learn anything mission critical. After about four months, the applicant realized he wanted to change his MOS to 11B, which would change his unit. The applicant spoke to several recruiters at the time to know his options. The applicant was given a form to be released from his unit and to be assigned to a Long Range Surveillance unit. The applicant spoke to his chain of command and asked them to sign the release form, but was told no because his unit needed the numbers, as in Soldiers. The applicant states, he was harassed from that point on while in the unit. Immediately after he requested the release from his unit, he was sent to his first sergeant's office, where he was told to get in the prone position. His first sergeant picked up a paper shredder machine and threw it at the applicant and told the applicant to pick up the paper, which he did. The first sergeant explained to the applicant that from that point on, the applicant was to report to the first sergeant. The applicant was treated unfairly from other NCOs, which all was a result of the applicant's desire to change units. The applicant states, there were incidents where recruiters would have confrontations about the matter of the unit not releasing the applicant. The applicant asked his platoon leader to help with the efforts and who stated he would relay the message or find out who would be the best person for the applicant to speak with. The applicant states, he left the matter alone when he realized he was being punished for it. The punishments included cleaning the first sergeant's car, office and unit and he would have to stay an hour after everyone else was dismissed. The applicant began to feel alone and as an outcast. After a year or so of feeling like he was being punished, he wanted to go to another unit not because he wanted to be infantry, but because he believed he was being punished. In a records review conducted at Arlington, VA on 28 August 2020, and by a 4-1 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: 3 July 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: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 August 2005 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 86 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92F10, Petroleum Supply Specialist / 3 years, 10 months, 29 days d. Prior Service / Characterizations: IADT, 11 August 2005 - 23 January 2006 / UNC (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement. 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 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 09-154-00021, dated 3 June 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 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 contends that he was harrased by members of his chain of command; 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. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. The applicant requests a "Code" 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 and RE Codes are not included in the order. Insomuch as the applicant's discharge order does include these elements, 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 eligiblility. The applicant contends that an upgrade of his discharge would allow veterans benefits. However, eligibility for veteran's benefits do 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. 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 28 August 2020, and by a 4-1 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 AR20180008372 1