1. Applicant's Name: a. Application Date: 16 June 2016 b. Date Received: 20 June 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 honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, he believes despite what he did, he did serve the country for six years and eight months. He understands he made a mistake, but he is trying to move on from it and better himself. He believes it is difficult obtaining a government job with his current characterization of service. In a records review conducted at Arlington, VA on 6 September 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: Misconduct (Civil Conviction) / AR 635-200 / Chapter 14, Sec II / JKB / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 27 April 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 September 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On 30 June 2014, he was convicted by the Virginia Beach Juvenile and Domestic Relations District Court for domestic assault and battery. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 October 2014 (5) Administrative Separation Board: On 1 October 2014, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than a general (under honorable conditions) discharge. On 17 November 2014, the separation authority denied the applicant's conditional waiver and referred the applicant to an administrative separation board. On 13 January 2015, the applicant was notified to appear before an administrative separation board and advised of his rights. On 25 March 2015, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with a characterization of service of under other than honorable conditions. On 22 April 2015, the separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 22 April 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 October 2012 / 3 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88H10, Cargo Specialist / 6 years, 8 months, 15 days d. Prior Service / Characterizations: RA, 23 October 2012 - 27 April 2015 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (19 January 2010 - 22 August 2010) f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: King County District, Warrant of Arrest, dated 3 February 2014, reflects the applicant had a warrant for his arrest for failing to appear in court on the charge of Driving While License Suspended, 3RD Degree. Common Wealth of Virginia, Warrant of Arrest - Misdemeanor, dated 15 March 2014, reflects the applicant was arrested for Assault and Battery - Family or Household Member (wife). Military Police Report, dated 15 April 2014, reflects the applicant was apprehended for: Civil Charge: Spouse Abuse - Assault and battery against a family / household member (Off Post); Civil Charge: Wrongful destruction of private property (off post); and, Civil Charge: Driving While License Suspended (off post). The applicant received numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 11 June 2014, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Occupation Problems. V 62.2. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends in effect, that he believes despite what he did, he did serve the country for six years and eight months. He understands he made a mistake, but he is trying to move on from it and better himself. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial or the sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation. 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 discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 September 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160011422 1