1. Applicant's Name: a. Application Date: 15 September 2018 b. Date Received: 20 September 2018 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 general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, was discharged from the Army Reserves for failure to participate. The original charge was for sexual assault in 2013. The applicant was falsely accused of this act and did not have any attendance issues. The applicant believes the unit abandoned the applicant after being falsely accused of the act. The applicant reached out to the captains on several times regarding retuning to drill because the applicant was receiving letters in the mail about receiving unsatisfactory for drill attendance. The applicant was homeless for a while and wanted to see if the unit could do anything to help. The alleged sexual assault was on a non-drill day and was not reported to the local or state police. No rape kit had been done and it was all based on a Soldier's statement. In a Travel Panel hearing conducted at Warner Robins AFB, GA on 4 February 2020, 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: 19 July 2018 c. Separation Facts: NIF (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: 9 June 2018 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 October 2012 / 6 years / USAR b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / 92F10, Petroleum Supply Specialist / 7 years, 4 months, 29 days d. Prior Service / Characterizations: ARNG, 21 August 2008 to / 3 September 2008 / NA IADT, 4 September 2008 to 24 February 2009 / UNC ARNG, 25 February 2009 to 10 February 2011 / GD e. Overseas Service / Combat Service: NIF 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: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a support 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 the characterization of service from under other than honorable conditions general (under honorable conditions or honorable. The applicant's available record of service, the issues and document 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 19 June 2018, DA, HQS, 99th Readiness Division (USAR), Joint Base McGuire-Dix- Lakehurst, New Jersey 08640-5730 Orders 18-170-00017, discharged the applicant from the US Army Reserve, effective date; 19 July 2018, with an under other than 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's contentions were carefully considered regarding, he was discharged from the Army Reserves for failure to participate; he reached out to his captains on several times regarding retuning to drill because he was receiving letters in the mail about him receiving unsatisfactory for drill attendance. 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, he was originally charged with sexual assault in 2013; he alleges he was falsely accused of this act and did not have any attendance issues; the alleged sexual assault was on a non-drill day and was not reported to the local or state police; and no rape kit had been done and it was all based on a Soldier's statement. Investigation disclosed in 2016, the victim reported to her unit she was that the applicant forced her to touch him in a sexual manner, and subsequently showed her a picture of his genitalia which he had on his phone while they were in the Reserve Center Computer Lab, Fort Pickett, VA. The victim further reported she was raped by the applicant while at her residence in Richmond, VA. A law enforcement report, dated 4 May 2015, relates the applicant was under investigation for rape, indecent exposure (other sexual misconduct) and abusive sexual contact (adult). On 3 April 2015, the incidents were referred to the Virginia State Police who accepted investigative responsibility. The applicant also contends, he believes his unit abandoned him after being falsely accused of the act. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his unit abandoned him. The applicant additionally contends, he was homeless for a while and wanted to see if the unit could do anything to help him. Eligibility for housing supportive program benefits for Veterans 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. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 toll free and confidential assistance. 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): Personal Statement - 2 Pages Separation Documents - 3 Pages Legal Documents - 5 Pages E-Mail Correspondence - 8 Pages b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Counsel / Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at Warner Robins AFB, GA on 4 February 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20180015803 3