1. Applicant's Name: a. Application Date: 14 November 2018 b. Date Received: 14 December 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 general (under honorable conditions). The applicant seeks relief contending, in effect, when the applicant joined the Army, the applicant was young, rash, stubborn and unsure of what was right or wrong. The applicant admits with great remorse that the service in the ARNG was not satisfactory or acceptable and is something the applicant still thinks about and regrets. The applicant states, now as an adult, has grown to be a father of a beautiful boy and an officer for a state agency in the Illinois Department of Human Services. The applicant is a God fearing man who believes the applicant is a productive member of society. The only blemish the applicant is unable to accept and makes the applicant feel ashamed and less than a man is the service time. It is hard for the applicant to accept the kind of man the applicant was then and is ashamed to have to tell the son about the other than honorable discharge. Also the fact that the applicant is not eligible for benefits and feels like the applicant could have done better. In a records review conducted at Arlington, VA on 3 April 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: Misconduct / AR 135-178 / Chapter 12-1c / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 13 August 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 March 2009 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was ordered to active duty, and he failed to obey that order. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 12 March 2009, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: On 12 March 2009, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date/Characterization: 4 August 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 11 April 2008 / NA b. Age at Enlistment/Education/GT Score: 20 / HS Graduate / 100 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 3 years, 5 months, 16 days d. Prior Service/Characterizations: ARNG, 28 February 2006 - 11 April 2008 / GD IADT, 25 April 2006 - 11 August 2006 / HD (Concurrent Service) e. Overseas Service/Combat Service: None f. Awards and Decorations: ASR, NDSM g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Mobilization Failure to Report Soldier Verification (memo), reflects the applicant was contacted by telephone and was aware of his mobilization. The applicant had failed to open a Delay & Exemption case and stated he would not report on 12 August 2008. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; CMS, Official Competitive Promotional Examination Grade Notice; Certificate of Training; Certification of Birth Record; self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has grown to be a father of a beautiful boy and an officer for a state agency in the Illinois Department of Human Services. He is a God fearing man who believes he is productive member of society. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 establishes policy and prescribes procedures for separating members for misconduct. 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. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 an upgrade of his discharge would allow veterans benefits. However, eligibility for veteran's benefits, 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 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 April 2020, 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 AR20190002514 1