1. Applicant's Name: a. Application Date: 14 November 2018 b. Date Received: 21 November 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to get physical therapy so the applicant can continue with life. The applicant contends that while serving, got into a car accident heading towards the unit and injured the back. The applicant contends that the unit never submitted the paperwork the applicant submitted to them from the accident and when they finally let the applicant go to the VA because the applicant was in pain, it came out that the applicant didn't have anything. But when the applicant got the recommendation from one of the Sergeant's, the applicant went to the primary doctor and after all the x-ray's they found that two disks were dislocated from the back. The applicant let them know at the unit and all they did was put it aside and sent the applicant to the VA and the doctor gave the applicant a sick slip with restrictions. After that, the applicant was receiving rides from another sergeant at the end when the applicant tried communicating with the Sergeant that nobody would answer. The applicant tried getting in contact with the base and all it would say is it was offline, so the applicant wasn't able to make it to drill and after that was sent a letter that the applicant had missed three drill days and was being discharge from the unit. In a records review conducted at Arlington, VA on 13 September 2019, 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 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 23 April 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: 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 November 2011 / 8 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 3 years, 5 months d. Prior Service / Characterizations: USAR, 7 November 2011 to 20 February 2012 / NA ADT, 21 February 2012 to 17 August 2012 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR, ARCAM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; individual sick slip; Statement of Medical Examination, dated 6 April 2014; VA Long Beach Healthcare System Emergency Department (ED) medical treatment, dated 6 April 2014, for treatment of Back Injury November 2012; Long Beach Memorial ED Chart, relating to motor vehicle crash 4 November 2012; Radiology Report, dated 14 December 2016; and separation orders. 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 under other than honorable conditions discharge 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 that on 16 April 2015, DA, HQS, 63D Regional Support Command, Mountain View, CA, Orders 15-106-00033, discharged the applicant from the US Army Reserve, effective 23 April 2015, 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 seeks relief contending that while serving he got into a car accident heading towards his unit and injured his back. He contends that his unit never submitted the paperwork he submitted to them from his accident and when they finally let him go to the VA because he was in pain it came out that he didn't have anything. But when he got the recommendation from one of his Sergeant's he went to his primary doctor and after all the x-ray's they found that two disks were dislocated from his back. He let them know at his unit and all they did was put it aside and sent him to the VA and the doctor gave him a sick slip with restrictions. After that he was receiving rides from another sergeant at the end when he tried communicating with him nobody would answerer. He tried getting in contact with his base and all it would say is it was offline, so he wasn't able to make it to drill and after that he was sent a letter that he had missed three drill days and that he was being discharge from his unit. The applicant's contentions were noted; however, a determination on whether these contentions have merit cannot be made because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 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. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to get physical therapy so he can continue with his life. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery 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. 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 13 September 2019, 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 / 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 AR20180016464 1