1. Applicant’s Name: a. Application Date: 5 August 2015 b. Date Received: 7 August 2015 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 discharge to general, under honorable conditions or honorable. The applicant seeks relief contending, in effect, it is very important to him and his family as he tries to move on in life. It has been a long time and he feels like he was cheated. In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: In Lieu of Trial by Court-Martial / AR 635-200 / Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 13 June 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: The applicant voluntarily requested a discharge in lieu of trial by court-martial under AR 635-200, Chapter 10, on 16 May 2002. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 112a, Wrongful use, possession, etc., of controlled substances (with three specifications) Charge II: Violation of the UCMJ, Article 128, Assault (with one specification) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 16 May 2002 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 23 May 2002 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 5 January 2000 / 3 years b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 91 c. Highest Grade Achieved/MOS/Total Service: E-3 / 77F10, Petroleum Supply Specialist / 2 years, 5 months and 9 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 5 February 2001, for wrongfully using marijuana (between 2 October 2001 and 31 October 2001). The punishment consisted of a reduction to E-2, forfeiture of $584.00 of one month's pay for two months, of which $484.00 of one month's pay for two months (suspended), extra duty and restriction for 45 days, within the limits of HAAF, GA (except for establishments that serve alcohol) for 45 days. Military Police Report, dated 29 November 2001, reflects the applicant was the subject of an investigation for assault, damage to private property, and damage to government property. DD Form 2624 (Specimen Custody Document – Drug Testing), dated 5 December 2001, reflects the applicant tested positive for marijuana during an Inspection Unit (IU) urinalysis testing conducted on 27 November 2001. DD Form 2624 (Specimen Custody Document – Drug Testing), dated 13 February 2002, reflects the applicant tested positive for marijuana during an Inspection Random (IR) urinalysis testing conducted on 30 January 2002. DD Form 458 (Charge Sheet), dated 28 March 2002, reflects the applicant was charged with violation of the UCMJ, Articles 112a and 128. The applicant received a negative counseling statements for a positive drug test and assault. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 293, dated 5 August 2015, and DD Form 149, dated 21 November 2015. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions or honorable. The applicant’s record of service, and the issues submitted with his applications were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of a general, under honorable conditions or an honorable discharge by the separation authority at the time of his discharge. The applicant contends that it is very important to him and his family as he tries to move on in life. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant further contends, it has been a long time and he feels like he was cheated. The US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. The discharge packet confirms the separation authority approved the discharge by reason of in lieu of trial by court-martial. AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for in lieu of trial by court-martial will be assigned an SPD Code of KFS and an RE Code of 4. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change to SPD Code / Change RE code to 4 e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police PTSD - Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013262 1