1. Applicant's Name: a. Application Date: 22 October 2016 b. Date Received: 29 November 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 made some really stupid decisions and now wants to do his best as part of society to go back and correct his wrong doings. The applicant states that it has been almost eight years since his military troubles, he is no longer a teenager he once was, and he has worked very hard to prove to people that he is no longer that same person. The applicant has not been in any trouble, not even a single minor traffic violation since his discharge. He contends his current characterization of service has not sit well with him for years and that it is a blot on his record; he now humbly asks to have it changed to reflect the man that he is today. The record indicates the applicant had a prior records review in June 2011. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. A personal statement from applicant's biological father indicated the applicant experienced a traumatic event at the age of 14 in which his mother was murdered by his adoptive brother. This subsequently led to rage, rebellion, drugs, alcohol, and many bad choices prior to and during his military service. In a personal appearance hearing conducted at Arlington, VA on 8 May 2017, and by a 3-2 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, his personal testimony, circumstances surrounding his discharge (i.e. in-service OBH), post-service accomplishments as annotated in the case report and directive, 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 honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 20 November 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 August 2008 (2) Basis for Separation: The applicant was informed of the following reasons: received a FG Article 15 on 30 April 2008 for violation of Article 112a, wrongfully using marijuana; received a Court-Martial for violations of the UCMJ, Articles 89, 90, 91, 92, 117, 128, and 134. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 August 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 September 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 September 2006 / 4 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25Q10, Multichannel Transmission Systems Operator-Maintainer / 2 years, 2 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (12 February 2008 to 11 September 2008) f. Awards and Decorations: NDSM, ACM, GWOTSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: (Based on the Commander's Memorandum, dated 16 August 2008 / copies of FG Article 15 and Summary Court-Martial NIF) FG Article 15, dated 30 April 2008, for wrongful use of marijuana. The punishment consisted of a reduction to E-2 and 45 days extra duty. Summary Court-Martial, dated 16 April 2008, for the following violations of the UCMJ: Article 89 and 90, disrespect towards a commissioned officer, CPT N, by threatening to kill his family, calling him a punk ass bitch, kicking him in the stomach and threatening to kill him; Article 91, hit SSG C with his fist; Article 92, consumed alcohol in violation of CJTF-101 General Number 1; Article 117, used provoking words to SPC B by calling him a nigger and calling SPC A a fucking Samoan bitch; Article128, wrongfully hit PFC K and SPC B with his fists; and, Article 134, communicated a threat to PFC K by threatening to kill her and solicited an unknown party to harm, harass, and intimidate the family of SFC C. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with attachments listed in blocks 8 and 14 of the application, and a self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has not been in any trouble, does not use drugs, he works three jobs, has competed on American Ninja Warrior Season 7, and has spoken to children in the Department of Juvenile Justice. 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 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 it has been almost eight years since his discharge was carefully considered. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable The applicant further contends that he made some really stupid decisions as a teenager and he has worked very hard to prove to people that he is no longer that same person. 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 applicant has not been in any trouble since his discharge. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application and the applicant is to be commended for his accomplishment. The Army Discharge Review Board is authorized to consider post-service factors in the re-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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): Haley Clayton (spouse) (W) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 8 May 2017, and by a 3-2 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, his personal testimony, circumstances surrounding his discharge (i.e. in-service OBH), post-service accomplishments as annotated in the case report and directive, 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 honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a new DD-214: Yes b. Change Characterization to: Honorable 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 AR20160018260 1