1. Applicant's Name: a. Application Date: 24 February 2016 b. Date Received: 29 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and that his DD Form 214 be updated to reflect an award he received while on Active Duty. The applicant seeks relief contending, in effect, that his current characterization of service is inequitable and should be changed to honorable because it is more consistent with the policies and traditions of the service. As a Soldier, the applicant always fulfilled his duties with honesty and honor, anything less than that he believed did not correctly characterize his time of service. During his time in service the applicant received no disciplinary action and always abided by UCMJ rules. He believes due to his unit and his own unfamiliarity with his he received an incorrect and unwarranted discharge. In a records review conducted at Arlington, VA on 28 April 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's quality of service and the circumstances surrounding his discharge (i.e. conscientious objector case should have warranted an honorable discharge as there was no record of any aggravating factors as defined in AR 635-200 related to the applicant's discharge), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Conscientious Objector / AR 600-43 / KCM / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 May 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: On 6 June 2005, the applicant voluntarily requested classification as a Conscientious Objector 1-O (CO (1-O)) status and discharge under the provisions (UP) of AR 600-43. (2) Basis for Separation: The evidence of record shows that on 6 June 2005, the applicant voluntarily requested discharge under the provisions of AR 600-43 as a conscientious objector due to his ethical and moral beliefs. He deeply believed killing and applying any type of violence to a living being was against his ethical and moral beliefs. In accordance with Chapter 2, AR 600-43, an investigating officer was appointed to determine whether the applicant met the requirements for discharge as a CO (1-O). On 24 October 2005, the applicant attended a Conscientious Objector Hearing as mandated by regulation to present evidence in support of his request. On 24 October 2005, the investigating officer sustained the applicant's request for discharge under the provisions of AR 600-43. On 10 February 2006, the court-martial convening authority recommended approval of the applicant's request and forwarded the request to the Department of the Army Conscientious Objector Review Board (DACORB) for approval. On 28 March 2006, the DACORB approved the applicant's request and directed the separation in accordance with AR 600-43 as a CO (1-O). Characterization of service was to be determined by the applicant's command. (3) Recommended Characterization: The DACORB, upon approving the applicant's request for CO (1-O) status and discharge, further directed the command to determine the characterization of service; however, the basis for determining a General (Under Honorable Conditions) characterization of service is NIF. (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 May 2004 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-3 / 52D10, Power Generation Equipment Repairer / 1 year, 11 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The Department of the Army Conscientious Objector Review Board decision memorandum, dated 28 March 2006, and its associated case file. There is no record of any negative counseling statement or any action under the UCMJ. The applicant was discharged at the rank of PFC/E-3. Report of Mental Status Evaluation, dated 26 July 2005, reflects the applicant was mentally responsible and able to distinguish right from wrong and to adhere to the right and had the capacity to understand and participate in administrative/board proceedings. He was psychiatrically cleared for any administrative action deemed appropriated by his command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 293; recommendation for award of the AAM and the certificate. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-43 sets forth the policy, criteria, responsibilities, and procedures to classify and process military personnel who claim conscientious objection to participation in war in any form or to the bearing of arms. An honorable or a general, under honorable conditions characterization of service may be granted. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and that his DD Form 214 be updated to reflect an award he received while on active duty. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant was discharged pursuant to the DACORB granting his request for CO (1-O) status and discharge UP AR 600-43. The DACORB further directed the applicant's command to determine the characterization of his service. Reference the applicant's request for his DD Form 214 be updated to reflect an award he received while on active duty The applicant's requested issue 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. 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 April 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's quality of service and circumstances surrounding his discharge (i.e. conscientious objector case should have warranted an honorable discharge as there was no record of any aggravating factors as defined in AR 635-200 related to the applicant's discharge), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade 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 AR20160005198 3