1. Applicant’s Name: a. Application Date: 27 August 2015 b. Date Received: 1 September 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. Therefore, the Army Discharge Review Board would consider the applicant for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28, to an honorable discharge. The applicant seeks relief contending, in pertinent part and in effect, his discharge was unjust because his commander did not allow him to transfer to another unit. He was not given an opportunity to present his case in Iraq. He has outstanding leadership in his community based on his military service. He is reformed and a great person. In a records review hearing review conducted at Arlington, VA on 12 September 2016, 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 2 June 2004 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 26 April 2004. (2) Basis for Separation: The following charges were preferred on 23 April 2004: Charge I: Violation of Article 128, UCMJ, for assaulting SPC B on 3 March 2004. Charge II: Violation of Article 117, UCMJ (two specifications), for wrongfully using provoking words on two separate occasions on 3 March 2004, towards SGT S and SPC W. Charges III and IV, continued on a continuation sheet is NIF; however, the applicant’s request indicates: Charge III as violations of Article 91, UCMJ (two specifications), for disobeying an NCO on two separate occasions. Charge IV as violation of Article 134, UCMJ, for communicating a threat. (3) Recommended Characterization: Under Other Than Honorable Conditions discharge (4) Legal Consultation Date: 26 April 2004 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 6 May 2004 / / Under Other Than Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 24 March 1999 / 7 years, 7 months (includes his extension of enlistment on 9 September 2003) b. Age at Enlistment/Education/GT Score: 32 / HS Graduate / 90 c. Highest Grade Achieved/MOS/Total Service: E-5 / 15S10 Helicopter Repairer / 5 years, 2 months, 9 days d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: Hawaii, SWA (NIF) / Iraq (dates of service NIF; however, his separation documents indicate he was in Iraq at the time court-martial charges were preferred.) f. Awards and Decorations: AAM; NDSM; AGCM; GWOTEM; GWOTSM; NCOPDR; ASR; OSR g Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: DD Form 458 (Charge Sheet) described at the preceding paragraph 3c(2) (continuation sheet NIF). Discharge Orders 142-0003, dated 21 May 2004. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), undated, with DD Form 214 and discharge orders; SGLI Election and Certificate; Pre-separation Counseling Checklist; Record of Emergency Data; and ERB. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that he presents an outstanding leadership in his community based on his military service, and he is reformed and a great person. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. 8. DISCUSSION OF FACT(S): The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Board would consider the applicant for a possible upgrade from under other than honorable conditions to honorable as instructed, in pertinent part, by DoDI 1332.28, which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant’s record of service, and the issues and documents submitted with his application 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 other acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends the discharge was unjust. His contentions were carefully considered; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The applicant contends he presents an outstanding leadership in his community based on his military service, and he is reformed and a great person. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 hearing review conducted at Arlington, VA on 12 September 2016, 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA 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 AR20150014743 1