1. Applicant’s Name: a. Application Date: 12 November 2015 b. Date Received: 16 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable discharge. The applicant seeks relief contending, in effect, he is appealing for this discharge because he understands that however justified his intent was for his actions, he was wrong on how he handled it. He did what he thought he had to do to protect his family. In a personal appearance review conducted at Arlington, VA on 11 July 2016, and by a 5-0 vote, the Board, after carefully examining the applicant’s record of service during the period of enlistment under review, determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service, post service accomplishments and the circumstances surrounding the discharge (i.e., severe personal family stressors) and found his testimony to be credible, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions or honorable. However, the Board determined the reason for discharge was proper and equitable and voted not to change it. This entails a restoration of rank/grade to SPC/E-4. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: In Lieu of Trial by Court-Martial / AR 635-200, Chap 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 15 November 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: The charges were preferred against the applicant on 19 August 2004 (2) Basis for Separation: The applicant was informed of the following reasons: DD Form 458 (Charge Sheet) indicates the applicant was charged with being AWOL (9 January 2004 – 18 August 2004) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 August 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 25 October 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 31 July 2002 / 4 years b. Age at Enlistment/Education/GT Score: 27 / 16 years / NIF c. Highest Grade Achieved/MOS/Total Service: SPC / 42L1O Administrative Specialist / 9 years, 5 months and 26 days d. Prior Service/Characterizations: USAMC (9 May 1995 – 8 October 2001) / HD USAR (9 October 2001 – 30 July 2002) / NA e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: DA Forms 4187 (Personnel Action), dated 25 August 2002, reflects the applicant’s duty status changed as follows: From “Dropped from the Unit Rolls” to “Present for Duty/Returned to Military Control,” effective 18 August 2004. DD Form 458 (Charge Sheet), dated 19 August 2004, reflects the applicant was being charged for violating the UCMJ, Articles 86. i. Lost Time: 68 days for being AWOL from (9 June 2004 – 17 August 2004). The applicant surrendered to the military authorities. j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 12 November 2015, DD Form 214, two employee of the month memo, dated December 2013, four Letters of Commendation, dated between 24 February 2013 – 14 November 2014, three support letters, dated between 30 January 2013 – 25 February 2014, two copies of Reassignment Orders Number 314-0126, dated 9 November 2004, National Personnel Records letter, dated 3 November 2015, and a US postal service barcode print-out, dated 13 November 2015. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states that he is currently in a law enforcement position and have been for the past 10 years. 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, that 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 that 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 honorable discharge. The applicant’s record of service, 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 acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of his separation from active duty. The applicant seeks relief contending, in effect, he is appealing for this discharge because he understands that however justified his intent was for his actions, he was wrong on how he handled it. He did what he thought he had to do to protect his family. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Further, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions. b. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: After carefully examining the applicant’s record of service during the period of enlistment under review, the board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service, post service accomplishments and the circumstances surrounding the discharge (i.e., severe personal family stressors) and found his testimony to be credible, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions or honorable. However, the Board determined the reason for discharge was proper and equitable and voted not to change it. This entails a restoration of rank/grade to SPC/E-4. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General (Under Honorable Conditions) c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: E-4/SPC 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 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018262 4