1. Applicant's Name: a. Application Date: 15 September 2017 b. Date Received: 19 October 2017 c. Counsel: NA 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). The applicant seeks relief contending, in effect, he desires the upgrade in order to be eligible to join the National Guard or Reserves and to obtain honorable service. He states that he honorably serves his community as a police officer and he requests the Board to forgive his mistake and recognize his service as honorable or general (under honorable conditions). The applicant provides a self-authored statement, wherein he describes his regret and his persistence in overcoming his mistake. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV were reviewed. Applicant was diagnosed with Adjustment Disorder and Alcohol Abuse while on active duty. AHLTA indicates that he was seen by BH after cutting on his wrist. He denied being suicidal and stated he was doing this for the act of scarification. He admitted he was intoxicated at the time. VA records contain no information regarding the applicant. Based on the available information, the applicant does not have a mitigating BH condition In a personal appearance hearing conducted at Scott AFB, IL on 1 March 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's quality of service, a prior period of honorable service, post-service accomplishments, OBH diagnosis 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 general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 22 March 2008 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 15 June 2008, the applicant was charged with: Violating Article 121, UCMJ, for stealing a SONY TV and 5-X36 surround sound system, of a value of about $2,000.00 the property of SPC C (14 December 2007). Violating Article 130, UCMJ, for unlawfully entering a barrack's room, the property of SPC C, with intent to commit a criminal offense, to wit: Larceny, therein (14 December 2007). (2) Legal Consultation Date: 14 February 2008 (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: 7 March 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 August 2007 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-5 / 63H20, Tracked Vehicle Mechanic / 7 years, 4 months, 25 days d. Prior Service / Characterizations: ARNG, 28 October 2000 - 14 August 2001 / NA IADT, 15 August 2001 - 5 March 2002 / HD ARNG, 6 March 2002 - 10 June 2004 / NA AD, 11 June 2004 - 24 November 2005 / HD ARNG, 25 November 2005 - 27 October 2006 / HD USARCG, 28 October 2006 - 13 August 2007 / NIF e. Overseas Service / Combat Service: Korea, SWA / Kuwait - Iraq (21 November 2004 - 26 October 2005) f. Awards and Decorations: ARCAM, NDSM, GOWTEM, GWOTSM, KDSM, ASR, OSR, AFRMM g. Performance Ratings: None during the period under review. h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: He states that he attended college, is a member of a church and he honorably serves his community as a police officer. 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). 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 at the time of discharge. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had good service. 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 applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization 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 additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Letters of recommendation - 10 pages b. The applicant presented the following additional contention(s): None were listed on the hearing data sheet. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Scott AFB, IL on 1 March 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's quality of service, a prior period of honorable service, post- service accomplishments, OBH diagnosis 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 general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20170017760 3