1. Applicant's Name: a. Application Date: 7 July 2016 b. Date Received: 12 July 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. The applicant seeks relief contending, in effect, he lives with his wife in Germany where he is currently employed at a restaurant. He desires the upgrade to better support his family. They have both found jobs and transportation and his son attends school. He states that he recently beat cancer, which required him to have surgery on his mouth and throat. He still cannot eat, but in due time he will have a port hooked to his stomach for eating purposes while his mouth heals. He believes his past should not take away from his future. In a records review conducted at Arlington, VA on 22 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 (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 17 July 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 July 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On about 31 August 2007, he wrongfully distributed cocaine. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 8 July 2008 (5) Administrative Separation Board: On 22 April 2009, the applicant was notified to appear before an administrative separation board and advised of his rights. On 29 April 2009, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 10 June 2009, 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: 10 June 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 December 2004 / 3 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92G20, Food Service Specialist / 11 years, 10 months, 1 day d. Prior Service / Characterizations: RA, 17 September 1997 - 14 October 1999 / HD RA, 15 October 1999 - 7 November 2001 / HD RA, 8 November 2001 - 4 December 2004 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (10 February 2004 - 1 December 2005) f. Awards and Decorations: ARCOM, AAM, AGCM-3, NDSM, GWOTEM, GWOTSM, ICM-CS, ASR g. Performance Ratings: July 2004 - June 2005 / Fully Capable July 2005 - June 2006 / Fully Capable 1 July 2006 - 28 February 2007 / Fully Capable 10 April 2007 - 10 August 2007 / Among The Best 7 November 2008 - 15 April 2009 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 19 August 2005, for wrongfully previous overindulgence in intoxicating liquor or drugs incapacitated from the proper performance of his duties on 11 July 2005). The punishment consisted of a forfeiture of $514 pay; extra duty for 14 days; and, restriction for 45 days. Report of Mental Status Evaluation, dated 21 May 2008, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; a self-authored statement; and, German medical document. 6. POST SERVICE ACCOMPLISHMENTS: Maintained employment. 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant's 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 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 has expressed his need for medical care. However, eligibility for veteran's benefits to include medical benefits 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 Army Discharge Review Board is authorized to consider post-service factors in the characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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 22 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 AR20160012835 4