1. Applicant's Name: a. Application Date: 14 May 2018 b. Date Received: 18 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, one should not request an upgrade after not completing their military contract honorably. He served proudly in the Army with much pride and dignity. The applicant joined the Army Reserve in April 2009 wanting to get ahead in his life and go back to school at Northeastern University and start his family. In December 2009, his daughter was born and his family and moved to Charlotte, North Carolina in April 2010. One month later, the applicant was homeless because his girlfriend decided to be with someone else and moved someone in their home while the applicant was training in Germany. The applicant then moved back to Boston and continued to work at US Airways, and attend monthly drills. The applicant enrolled into Southern University online classes for business management. It was hectic because he was homeless sleeping at the airport without a car to get to drill assemblies. The applicant's unit was at Fort Devens and Westover ARB in Chicopee. Public transportation did not run on the weekends to Fort Devens and the applicant did not qualify for overnight lodging. The public transportation to Chicopee was a greyhound bus, which made him late for assemblies. The applicant states, he did not quit and continued to pay child support for his child and step child. The applicant paid $850 per month while working as a part time ramp agent at US Airways. The applicant stayed positive despite the lack of support from his family. The applicant was promoted to E4, by pushing myself, which hurt him because of the obstacles he was up against daily. The applicant's unit was preparing to deploy and he was excited to go because this would help him go full time and go AGR and be stable. The applicant believed everything seemed to be well, but he was still homeless. In January 2011, the applicant's children were in Department of Children and Family custody and he was faced with a big decision, whether to fight for his daughter and obtain full sole custody, or deploy and lose his child to adoption. The applicant stayed behind, which was tough because he looked forward to deploying with his unit and supporting the US Army and the country. The applicant felt lost, alone, and depleted because he tried to get help from the Army JAG and guidance, but they were not able to help. The applicant appeared at his first court date and the judge granted him an attorney. . The applicant's child support payments were reduced and in April 2012, he received full custody of his daughter. The applicant quit college to focus on obtaining custody, but he was left with hefty debts from school, his apartment in Charlotte and now his Army reenlistment bonus. The applicant did not have family support as a single parent while in the Army Reserves. They all wanted the applicant out of the Reserve because they were not going to care for his child while he was away. The applicant continued to fight, which only made his life harder and in June 2012, and he and his daughter were homeless. We went stayed at girlfriend's house but had to leave because we broke up. The applicant went to the welfare office to get family shelter three times, but was denied. The applicant was able to get welfare assistance cash benefits and food stamps, which helped, but he was still homeless. The applicant states, he made the decision to stay at his mom's apartment with his daughter. The applicant went to the veteran's shelter in Boston and in Haverill, but it was difficult for him to stay there because he was in enrolled at Roxbury Community College, working part time overnight and attending battle assemblies. This was difficult for the applicant because he had to work go to school and attend battle assemblies. The applicant kept pushing through, but he decided to leave the veteran's shelter and sleep outside. The applicant only had food stamps, but whenever he did have a job or welfare cash assistance, he paid off as much debt as he could. The applicant stayed in school and graduated May 2015 and in December 2015, he started working State Street Corporation as mutual fund accountant. Currently, he is now working as a Hedge Fund Accountant and has been promoted. The applicant is attending Northeastern University for bachelor's degree and will graduate in May 2020. The applicant is also studying for his real estate license and will take exam in June. The applicant's plan is to earn his MBA and since, graduating from Roxbury Community College, he has been able to buy a three family home in Fall River. The applicant lost rank in the military and received a under honorable conditions discharge in April 2016, because of his absences from battle assemblies. The applicant fought the great fight and never gave up on himself and continued to make great strides in his life showing grit, toughness, never quitting and always staying positive. The applicant requests an upgrade to allow him to use his veteran's benefits and with the option to go back into the military with the full support his fiancé. In a records review conducted at Arlington, VA on 18 November 2020, and by a 3-2 vote, after carefully examining the applicant's record of service during the period of enlistment under review and all other evidence presented, the Board determined that clemency is warranted based on severe family matters, post service accomplishments, and prior period of honorable service. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to honorable. (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: 21 April 2016 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: 7 August 2013 / NIF b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 7 years, 4 days d. Prior Service / Characterizations: USAR, 17 April 2009 - 27 February 2013 / NIF IADT, 15 May 2009 - 1 October 2009 / HD (Concurrent Service) ARNG, 28 February 2013 - 6 August 2013 / GD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Personnel Action form, dated 23 September 2015, reflects the applicant was reduced in rank from Private First Class to Private (E-2), effective: 16 September 2015. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; third-party statement; Orders 16-105-00023. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he is attending Northeastern University pursuing his bachelor's degree. The applicant is also pursuing his real estate license and is working as a Hedge Fund Agent. 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. However, the applicant's record does contain a properly constituted discharge Orders 16-105-00023, dated 14 April 2016. 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 having family issues that affected his behavior and ultimately caused him to be discharged. 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. 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. 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 applicant contends that an upgrade of his discharge would allow veterans benefits. However, eligibility for veteran's benefits to include 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 third party statement provided with the application spoke highly of the applicant; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 18 November 2020, and by a 3-2 vote, after carefully examining the applicant's record of service during the period of enlistment under review and all other evidence presented, the Board determined that clemency is warranted based on severe family matters, post service accomplishments, and prior period of honorable service. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to honorable. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Authority 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 AR20180008474 4