1. Applicant’s Name: a. Application Date: 25 May 2015 b. Date Received: 1 June 2015 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. The applicant seeks relief contending, in effect, he served for 17 years of honorable service prior to the incident of a lapse in judgment. The applicant contends that he was railroaded out of the Army by a chain of commanded that did not consider the entirety of his service prior to the incident. A review of his record should prove that he was not treated fairly when he exited from military service. In a records review conducted at Arlington, VA on 5 August 2016, 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: 29 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: Pursuant to the applicant’s request for discharge in lieu of trial by court-martial under the provisions of AR 635-200, Chapter 10, dated 19 May 2014. (3) Recommended Characterization: NIF (4) Legal Consultation Date: 19 May 2014 (5) Administrative Separation Board: (6) Separation Decision Date/Characterization: 23 May 2014 / Under Other Than Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 9 November 2006 / Indefinite b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 112 c. Highest Grade Achieved/MOS/Total Service: E-8 / 12Z50, Combat Engineering Senior Sergeant / 18 years, 1 month, and 22 days d. Prior Service/Characterizations: RA, 8 August 1996 – 8 December 1998 / HD RA, 9 December 1998 – 16 January 2002 / HD RA, 17 January 2002 -5 January 2005 / HD RA, 6 January 2005 – 8 November 2006 / HD e. Overseas Service/Combat Service: Germany, Kosovo, SWA / Ira (29 January 2003 – 10 December 2003), Afghanistan (11 December 2009 – 13 December 2010), f. Awards and Decorations: PH, BSM, MSM, ARCOM-V Device, ARCOM-3, AAM, AGCM-5, NDSM, AFEM, GWTSM, ACM-CS, ICM-3CS, KCM, AFSM, HSM, NPDR-3, ASR, OSR-4, NATO Medal-3, CAB, MUC, USA/USAF PUC, ASUA g. Performance Ratings: 1 May 2006 – 30 April 2008, Among the Best 1 May 2008 – 31 December 2008, Fully Capable 1 January 2009 – 1 December 2012, Among the Best 2 December 2012 – 15 November 2013, Marginal h. Disciplinary Action(s)/Evidentiary Record: NIF. However, based on the applicant’s voluntary request for discharge in lieu of trial by court-martial, dated 19 May 2014, the charges that were preferred against him under UCMJ were as follows. Charge I: Violation of Article 80, UCMJ Charge II: Violation of Article 92, UCMJ Charge III: Violation of Article 107, UCMJ Charge IV: Violation of Article 134, UCMJ i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 25 May 2015; DD Form 214; and three character reference/supporting statements. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service based on any incidents of misconduct that led to his discharge. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced sufficient evidence, to support a change to the characterization of service granted. The applicant’s and supporting statements alone do not overcome the presumption of government regularity in this case and the application contains no further evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance, it would be his responsibility to meet the burden of proof since the evidence is not available in the official record. The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. Based on the available record, 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 5 August 2016, 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150009843 4