1. Applicant's Name: a. Application Date: 5 August 2019 b. Date Received: 7 August 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable, a separation code change and a restoration of rank. The applicant seeks relief contending, in effect, that after a break in service beginning in 1998, the applicant again enlisted in the Army Reserve as an Automated Logistical Specialist on 6 May 2002. Prior to re-enlisting, the applicant fully disclosed all criminal charges and that he had been arrested three times during his break in service; twice for driving without a license on 27 July 1997 and 21 July 2001, and for failure to appear in court on 10 December 2001. During his enlistment in the Army Reserve, the applicant was put on active duty orders and deployed several times; twice to Honduras from 21 October 2006 to 4 April 2007, as a unit supply specialist and from 10 March 2008 to 4 August 2008, as an Operations NCOIC. His third deployment was to Qatar from 17 March 2009 to 10 August 2009, as a Material Supply and Operations Center NCO. Upon release from these three active duty deployments, the applicant was given three honorable discharges and returned to service in the Army Reserve. Upon returning from these deployments, the applicant served as an Intelligence Analyst and successfully completed one of four phases of the Intelligence Analyst Course. He was dropped on request from phase two due to extenuating circumstances at home on 8 July 2010. According to the applicant, he took a civilian job as a DoD Contractor during this time and informed administrative personnel in his selected reserve unit that he would be working in Honduras. The applicant served his six years of enlistment time in the selected reserve. The applicant's selected reserve unit should have transferred him to the IRR upon the applicant repeatedly notifying them that he had been hired as a DoD contractor in Honduras in accordance with 32 CFR 100.5(b)(4). Further, the applicant's discharge is inequitable when the totality of his honorable fourteen years combined active and reserve service is considered. On 16 March 2012, the applicant received orders from his Army Reserve Command stating that he was to be reduced in rank from SSG to PV1 in accordance with AR 600-8-19 and was to be discharged from the Army Reserve on 23 March 2012, with a discharge characterization of Under Other Than Honorable Conditions in accordance with AR 135-178 for unsatisfactory performance. Counsel states, the evidence provided shows that the applicant's service was honorable for his fourteen years of combined active and reserve service. As a result, his service merits an honorable discharge. Counsel further details the contentions in an allied legal brief provided with the application. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no BH diagnoses. The applicant is 90% service connected, 70% for PTSD. The VA has also diagnosed the applicant with Alcohol Dependence, in remission; Anxiety Disorder, unspecified; Obstructive Sleep Apnea; PTSD. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 5 October 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, and the circumstances surrounding the discharge (diagnosis of PTSD), prior period of honorable service, and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NA/ AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 23 March 2012 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: 16 March 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 August 2009 / Continuous USAR service, although there is no record of any reenlistments or extensions of enlistment, since 6 May 2002) b. Age at Enlistment / Education / GT Score: 39 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-6 / 92A 10, Automated Logistical Specialist / 17 years, 10 month, 18 days d. Prior Service / Characterizations: RA (20 February 1991 to 21 February 1993) / HD RA (22 February 1993 to 21 February 1995) / HD USAR (22 February 1995 to 3 February 1999) / NA Break-in-Service (4 February 1999 to 5 May 2002) (Enlisted USAR for 6 years on 6 May 2002) USAR (6 May 2002 to 22 April 2004) / NA DD 214 (OEF MOB) AGR (23 April 2004 to 9 June 2006) / HD USAR (10 June 2006 to 13 October 2006) / NA DD 214 (OIF MOB) AGR (14 October 2006 to 22 July 2007) / HD USAR (23 July 2007 to 22 February 2008) / NA DD 214 (OEF MOB) AGR (23 February 2008 to 7 August 2008) / HD USAR (8 August 2008 to 13 March 2009) / NA DD 214 AGR (14 March 2009 to 29 August 2009) / HD e. Overseas Service / Combat Service: Germany, SWA / Honduras (21 October 2006 to 4 April 2007), (10 March 2008 to 4 August 2008), Qatar (17 March 2009 to 10 August 2009) f. Awards and Decorations: JSCOM; ARCOM-2; JSAM; AAM-6; ARCAM; AGCM; NDSM-2; ICM-CS; GWOTEM; GWOTSM; SWASM-BSS; NCOPDR; ASR; KLM(K); AFRM-M DEV-4; OSR-3; JMUA; MOVSM g. Performance Ratings: Two NCOERs rendered during period of service under current review or since his last active duty discharge on 29 August 2009, according to DD Form 214: 8 August 2009 thru 7 August 2010, Fully Capable (at a unit with Michigan zip code) 8 August 2010 thru 7 August 2011, Fully Capable (at a unit with Michigan zip code) h. Disciplinary Action(s) / Evidentiary Record: Orders indicating the applicant's last transfer, entitled as "transfer among Army Reserve Components, Control Groups or Unit (USAR, ARNG)": Orders 10-061-00003, dated 2 March 2010, indicates the applicant was released from his current assignment (978 QM Co, 3rd Platoon (WSSOA4), Richmond, VA 23224-4999), reason as ''TPU to TPU outside the command," and assigned to "USARE EUCOM JAC DET 3 (W8YA04), Building 326, Mount Clemens, Ml 48045-4915" and effective date of 2 March 2010. Orders 12-076-00024, dated 16 March 2012, reflects the applicant was discharged from the Reserve, effective 23 March 2012. The applicant was reduced in rank from SSG to PV1, effective 14 March 2012. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Legal Brief; two DD Forms 4/1; Orders 127- 203; Orders 131-20; Orders 214-9; Orders C-04-513434; DA Form 2166-7; USAREC Fm 1122- R.E; District Court Document; DD Form 369; three DD Forms 214; DA Form 1059; DA Form 2166-8; DA Form 1059; Orders 12-076-00024; DA Form 5261-4; résumé; Proof of Employment. 6. POST SERVICE ACCOMPLISHMENTS: The applicant provided evidence that he has obtained employment. 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, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable, a separation code change and a restoration of rank. 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 12-076-00024, dated 16 March 2012. Counsel contends the applicant's rank should be restored. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Counsel's contentions the applicant should have been transferred to the IRR after the applicant notified his unit that he obtained employment in Honduras, was 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. 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 Under Other Than Honorable Conditions Counsel requests a separation code change. However, when service members are discharged from the U.S. Army Reserve, orders are published indicating the effective date and characterization of the discharge. Separation codes are not included in the order. Insomuch as the applicant's discharge order does not include this element, there is no basis to change the discharge order. Counsel contends that the applicant had good service, which included combat tours. 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 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. 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): N/A b. The applicant presented the following additional contention(s): Applicant and counsel provided oral arguments in support of the contentions they provided in their written submissions and in support of their documentary evidence. c. Counsel / Witness(es) / Observer(s): L 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 5 October 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, and the circumstances surrounding the discharge (diagnosis of PTSD), prior period of honorable service, and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions. 11. BOARD ACTION DIRECTED: a. Issue a New Separation Documents: Yes b. Change Characterization to: General Under Honorable Conditions c. Change Reason to: No change d. 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 AR20190010586 6