1. Applicant’s Name: a. Application Date: 24 July 2015 b. Date Received: 29 July 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 wants to apply for medical benefits. Looking back he understands the immaturity and problem with his decision while he was in. He has been under immense pressure to provide for his family and experiencing some medical problems. He requests his discharge be upgraded to provide for his family and improve his health.. In a records review conducted at Arlington, VA on 28 September 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 Trail by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 30 January 2013 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 the provisions of AR 635-200, Chapter 10, on 27 December 2012. (2) Basis for Separation: The applicant was informed of the following reasons: DD Form 458 (Charge Sheet) indicates the applicant was charged with being AWOL x 18 on (21 September 2012, 26 September 2012, 2 November 2012), from (19 November 2012 – 28 November 2012), from (4 December 2012 – 5 December 2012), from (6 December 2012 – 10 December 2012), x 2 on (10 December 2012 and 11 December 2012), on (12 December 2012, 13 December 2012, 14 December 2012, 17 December 2012, 18 December 2012, 19 December 2012, 20 December 2012 and 26 December 2012), Behaving himself with disrespect toward Captain K. P. M., his superior commissioned officer, then known by the said Private First Class (PFC) R. K. M. to be his superior commissioned officer, by saying to him “Go and f*** yourself,” or words to that effect, Disrespectful in language toward 1SG T. T. O., a superior noncommissioned officer, then known by the said PFC R. K. M. to be a superior noncommissioned officer, who was then in the execution of his office, by saying to him. “Do what the f**k you are going to do because I am ready to get the f**k out of the Army,” or words to that effect, Disrespectful in language towards SGT Z. E. G. a noncommissioned officer, then known by the said PFC R. K. M. to be a noncommissioned officer, who was then in the execution of his office, by saying to him, “What you want bitch,” or words to that effect, and, Disrespectful in deportment towards SFC E. B. S. a superior noncommissioned officer, then known by the said PFC R. K. M. to be a superior noncommissioned officer, who was then in the execution of her office, by walking away from her when she was speaking to him. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 27 December 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 15 January 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 21 October 2011 / 3 years b. Age at Enlistment/Education/GT Score: 23 years / GED / 114 c. Highest Grade Achieved/MOS/Total Service: SPC E-4 / 91P10, Artillery Mechanic / 3 years, 9 months and 10 Days. d. Prior Service/Characterizations: RA (26 February 2009 – 20 October 2011) / HD e. Overseas Service/Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, NCOPDR, ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Several counseling statements dated between (24 September 2012 – 26 December 2012); for, failure to report, disobeying a lawful order, disrespect to noncommissioned officers, insubordinate conduct and indecent language. DD Form 2707 dated 26 December 2012, Confined Order by military authorities (26 December 2012 – 16 January 2013). i. Lost Time: AWOL for a total of 52 days, mode of return is unknown. j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 6. POST SERVICE ACCOMPLISHMENTS: None 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, and the issues 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 his separation from the Army. The applicant seeks relief contending, he wants to apply for medical benefits. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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 applicant contends, he understands the immaturity and problem with his decision while he was in. 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 further contends, he has been under immense pressure to provide for his family and experiencing medical problems as well. While the applicant may believe his pressure at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from pressure through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Further, the medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant additionally requests his discharge be upgraded to provide for his family. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 28 September 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/Issue a New Separation Order: 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: No Change 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150012629 1