1. Applicant's Name: a. Application Date: 16 July 2018 b. Date Received: 2 August 2008 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, he did not have a high school diploma or a GED and when he enlisted in the Army and his recruiters him he could get it later, but never got the chance to. He was also told he would be active duty and not Reserves, and when he arrived at his Reserve unit, he informed command that entering active duty when he got his GED. He was told he would be discharged from the Army for not having a high school diploma or GED and that is when just stopped going to drill. He reapplied for the army and was accepted back in, he informed the recruiters he did not have a diploma or GED and was told again it would be fine. He arrived at his Reserve unit, he told his situation to command again and was told he would be discharged and he should not even bother coming to drill. He did not discover this injustice until he applied to become a Cleveland Police Officer and ordered his military records. 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 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 2 June 2008 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: 2 February 2001 / 8 years b. Age at Enlistment / Education / GT Score: 21 / NIF / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / NIF / 7 years, 4 months, 1 day d. Prior Service / Characterizations: NIF e. Overseas Service / Combat Service: NIF f. Awards and Decorations: NIF g. Performance Ratings: NA 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 149 (two pages); discharge orders 08-154-0029; and an Ohio High School Equivalency Diploma. 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 under other than honorable conditions to honorable. 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 2 June 2008, DA, HQS, Army Reserve Medical Command, Pinellas Park, FL 33782- 6140, Orders 08-154-00029, discharged the applicant from the US Army Reserve, effective date; 2 June 2008, with an under other than honorable conditions discharge. Applicant is encouraged to reapply with evidence that shows what the basis of separation was. 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 seeks relief contending, he did not have a high school diploma or a GED and when he enlisted in the Army and his recruiters him he could get it later, but never got the chance to. The available record does not reflect the applicant had a GED or a high school diploma at the time of enlistment. However, the applicant provided an Ohio High School Equivalency Diploma, dated 26 February 2018. The applicant's contentions were carefully considered regarding, he was also told he would be active duty and not Reserves, and when he arrived at his Reserve unit, he informed command that entering active duty when he got his GED; he was told he would be discharged from the Army for not having a high school diploma or GED and that is when just stopped going to drill; he reapplied for the Army and was accepted back in, he informed the recruiters he did not have a diploma or GED and was told again it would be fine; he arrived at his Reserve unit, he told his situation to command again and was told he would be discharged and he should not even bother coming to drill. However, the merit of the contentions cannot be substantiated because the facts and circumstances that led to the applicant's discharge are not contained in the available record. Further, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support these contentions. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant also contends, he did not discover this injustice until he applied to become a Cleveland Police Officer and ordered his military records. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. If the applicant desires a personal appearance hearing, it is 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 AR20180012163 1