1. Applicant's Name: a. Application Date: 10 June 2015 b. Date Received: 26 May 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) or honorable. The applicant seeks relief contending, in effect, he desires the upgrade in order to allow him VA medical benefits. The applicant states that he had numerous periods of honorable service and had a P-3 profile at the time of his discharge. He states he had multiple deployments, and earned a combat patch. 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: 11 August 2000 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 23 June 2000, the applicant was charged with violating Article 92, UCMJ, for failing to obey a lawful order to report to his duty station in Korea. (20 May 2000). (2) Legal Consultation Date: 14 July 2000 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 4 August 2000 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 September 1998 / 6 years b. Age at Enlistment / Education / GT Score: 31 / Some College / 111 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92Y20, Unit Supply Specialist / 15 years, 6 days d. Prior Service / Characterizations: RA, 6 August 1985 - 30 March 1988 / HD RA, 31 March 1988 - 4 January 1990 / HD RA, 5 January 1990 - 6 March 1994 / HD RA, 7 March 1994 - 17 September 1998 / HD e. Overseas Service / Combat Service: Korea, Saudi Arabia / None f. Awards and Decorations: ARCOM-2, AAM-4, AGCM-4, NDSM, NCOPDR-2, ASR, OSR-2 g. Performance Ratings: June 1998 - May 1999, Fully Capable June 1999 - January 2000, Fully Capable February 2000 - May 2000, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. General Officer Memorandum of Reprimand (GOMOR), dated 13 January 2000, for being apprehended for driving while intoxicated. A chemical breath test revealed that his alcohol content was .149. FG Article 15, dated 25 January 2000, for physically controlling a passenger car while under the influence of alcohol (27 December 1999). The punishment consisted of a reduction to E-5; forfeiture of $966 pay per month for two months; and, extra duty for 14 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and his case separation documents. 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) or honorable. 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 an upgrade of his discharge would allow medical benefits through the use of a VA hospital. However, eligibility for veteran's benefits to include medical 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 had good service to include earning a combat patch. 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 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 AR20160009569 1