1. Applicant's Name: a. Application Date: 8 April 2016 b. Date Received: 29 April 2016 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 to general (under honorable conditions). The applicant seeks relief contending, in effect, his discharge prevents him from receiving VA benefits. In a records review conducted at Arlington, VA on 2 August 2017, 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: 18 May 2010 c. Separation Facts: Yes (1) Date Charges Were Preferred: 23 April 2010 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 3 May 2010, , the applicant was charged with the following offenses; he was AWOL x2 (10 March 2010 to 23 March 2010) and (13 April 201012 to 19 April 2010); having received a lawful command from CPT J. A. M., his superior commissioned officer, to sign in at the CQ desk every two hours, or words to that effect, an order which was his duty to obey, did, willfully disobey the same (12 April 2010); having received a lawful order from SSG A.W.G., a noncommissioned officer, to go with him to the company area, or words to that effect, an order which was his duty to obey, did willfully disobey the same (9 March 2010); was disrespectful in language toward SSG A.W.G., a noncommissioned officer, who was in the execution of his office, by saying to him "G., move the f out of the way or else," or words to that effect (9 March 2010); and wrongfully communicate to SFC P.J.T., a threat to kill SFC P.J.T. (23 March 2010). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 21 April 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 May 2010 / the applicant was reduced to the lowest enlisted grade. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 July 2008 / 4 years b. Age at Enlistment / Education / GT Score: 20 years / GED Certificate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 3 years, 2 months, 6 days d. Prior Service / Characterizations: RA, 22 February 2007 to 23 July 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq, 3 September 2008 to 26 August 2009 f. Awards and Decorations: ARCOM, NDSM, ICM-2CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 9 December 2008, for without authority, fail to go at the time prescribed to his appointed place of duty x3 (22 October 2008, 5 November 2008, 7 November 2008); disrespectful in deportment toward SSG M.L., a noncommissioned officer, who was in the execution of her office by rolling his eyes at her (24 November 2008); and in writing communicate to SSG M.L., certain language, "I hate you die you stupid fat a b , or words to that effect between 30 November 2008 and 3 December 2008); reduction to PFC / E-3, forfeiture of $370 pay and extra duty for 14 days. FG Article 15, dated 12 January 2010, for without authority, leave from his appointed place of duty x2 (30 November 2009 and 1 December 2009); having received a lawful order from SFC P.T., a senior noncommissioned officer, not to drive his vehicle until deficiencies had been corrected, an order which it was his duty to obey, did willfully disobey the same between (13 November 2009 and 16 November 2009); having received a lawful order from SSG A.G., a noncommissioned officer, to stand by the CP door at parade rest, an order which it was his duty to obey, did willfully disobey the same (16 November 2009); and having knowledge of a lawful order issued COL H.A.K., an order which it was his duty to obey, did willfully disobey the same by traveling outside the allotted 120-mile radius without completing a DA Form 31(25 November 2009); reduction to PVT / E-1, forfeiture of $699 pay for two months (suspended), extra duty and restriction for 24 days (suspended). He received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL x2 for 21 days (10 March 2010 to 23 March 2010), for 14 days and (13 April 201012 to 19 April 2010), for 7 days; mode of return for both period unknown. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a letter, Director, Case Management Division. 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 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 the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant's record of service, the issues and document 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 acts of significant achievement, valor and combat service; however it did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant seeks relief contending, his discharge prevents him from receiving VA benefits. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does 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 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 2 August 2017, 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 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160008995 4