1. Applicant’s Name: a. Application Date: 18 May 2015 b. Date Received: 8 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 honorable. The applicant seeks relief contending, in effect, he was found not guilty in a military case. Prior to the completion of the case, he was chaptered out of the Army. The case was thrown out by the Schofield base commander. 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: 7 December 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: The applicant voluntarily requested a discharge in lieu of trial by court-martial under AR 635-200, Chapter 10, on 2 October 2005. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 90, with one specification Charge II: Violation of the UCMJ, Article 107, with two specifications Charge III: Violation of the UCMJ, Article 128, with four specifications Charge IV: Violation of the UCMJ, Article 134, with eight specifications (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 2 October 2005 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 28 November 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 21 April 2005 / 3 years b. Age at Enlistment/Education/GT Score: 29 / HS Graduate / 92 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 9 years, 7 months, and 15 days d. Prior Service/Characterizations: USMC, 30 January 1996 - 24 January 2000 / HD USMCR, 5 March 2003 - 20 May 2004 / HD ARNG, 10 November 2004 - 25 January 2005 / UNC RA, 26 January 2005 - 20 April 2005 / HD e. Overseas Service/Combat Service: Hawaii, SWA / Iraq (30 April 2003 - 27 August 2003) f. Awards and Decorations: USN/USMC PUC, NDSM, AFRM, ASR, NASR, GWTSM, SSDR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Military Police Report, dated 29 August 2005, reflects the applicant was charged with simple assault (on post). Military Police Report, dated 9 September 2005, reflects the applicant was charged with driving while license suspended or revoked (on post). Several DA Forms 4856 (Developmental Counseling Form), dated between 26 August 2005 and 8 September 2005, for being late to formation, assault, no contact order, relief from duties, disobeying no contact order, wearing unauthorized insignia, bearing false witness and insubordinate conduct towards a noncommissioned officer. DD Form 2707 (Confinement Order), dated 9 September 2005, reflects the applicant was placed in pre-trial confinement. DD Form 458 (Charge Sheet), dated 14 October 2005, reflects the applicant was charged with violation of the UCMJ, Articles 90, 107, 128, and 134. i. Lost Time: 83 days (Confinement, 9 September 2005 - 1 December 2005) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 18 May 2015; self-authored statement, dated 2 June 2015; and DD Form 214. 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 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 honorable. 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 and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends that the charges against him were dismissed before he left the Army. However, this action is a procedural step which is part of a normal process, when an alternative forum is chosen. In this case, the charges were dismissed because the applicant requested to be discharged under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial and the convening authority approved that request. 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 AR20150010124 4