1. Applicant's Name: a. Application Date: 22 March 2016 b. Date Received: 23 March 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect the upgrade would allow him to receive benefits for any service connected disabilities that he may have. Prior to his discharge, he would have been considered nothing less than a stellar Soldier/NCO. The applicant states that he continued to try and live the way he had prior to having a family. He was immature, he began to rack up debt, started to be late on or sometimes not even pay his bills, and his finances were in serious need of help and repair. He thought that by writing checks to get things he wanted. that it would be almost like having credit. Ultimately, it cost him more than he wanted; it cost him his military career, a career that he excelled in and took pride and honor in. It has been almost five years since his discharge, he is trying to build something great for his family, a new beginning, a fresh start, he is mature now, and understands what it takes to be a real man in this world - an honest and honorable man. The applicant states that he has changed and he believes that he has shown that he deserves an upgrade, which will allow him to receive the benefits that he would have been awarded had he not received a negative discharge. In a records review conducted at Arlington, VA on 12 May 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his discharge (e.g., entire chain of command (Co Cdr thru Bde Cdr) recommended GD), 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 general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. 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-3 / Under Other Than Honorable Conditions b. Date of Discharge: 22 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 1 June 2011, reflects the applicant was charged with violation of the UCMJ, Articles 107 and 123a.. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 107, False official statement Charge II: Violation of the UCMJ, Article 123a, Making, drawing, or uttering check, draft, or order without sufficient funds (with 17 specifications) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: undated (5) Separation Decision Date/Characterization: 16 June 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 October 2006 / 6 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-5 / 42A20, Human Resources Specialist, 7 years, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (12 November 2005 to 12 November 2006 and 27 July 2008 to 13 July 2009) f. Awards and Decorations: MSM, ARCOM, AAM-3, MUC, AGCM-2, GWOTSM, ICM-2, NCOPDR, ASR, OSR-2, CAB g. Performance Ratings: 1 May 2008 thru 30 April 2009, Fully Capable 1 May 2009 thru 30 April 2010, Among The Best 30 April 2010 thru 15 December 2010, Marginal h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c(2). Military Police Report, dated 30 November 2010, reflects the applicant was apprehended for: False Statement (Article #134, UCMJ). When questioned by law enforcement officials as part of a search for another individual, the applicant provided a false name and other personal information. Criminal Investigation Division Report of Investigation, dated 7 May 2011, reflects the applicant was investigated for check fraud and larceny of government funds. The investigation established probable cause to believe that the applicant committed the offenses of check fraud and larceny of Government funds when he negotiated worthless checks for merchandise and case money between 6 and 20 January 2011. The estimated total loss to the US Government was $5,979.01. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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, 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 general (under honorable conditions). 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 and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends that he was nothing less than a stellar Soldier. 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that an upgrade of his discharge would allow VA benefits. However, eligibility for veteran's benefits do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 discharge in lieu of trial by court- martial. Soldiers processed for discharge In Lieu of Trial by Court-Martial will be assigned an SPD Code of KFS and an RE Code of 4. Notwithstanding the administrative error, 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 12 May 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his discharge (e.g., entire chain of command (Co Cdr thru Bde Cdr) recommended GD), 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 general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. 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) 10. 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 to SPD / Change RE to 4 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 AR20160006520 4