1. Applicant’s Name: a. Application Date: 24 August 2015 b. Date Received: 3 September 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, his service in time of combat and his awards justify a general (under honorable conditions) discharge. Though he received many UMCJ actions against him, he served tirelessly in a time of combat. He is proud of his country and his service to protect and uphold the constitution of the United States of America. In a personal appearance hearing conducted at Warner Robins, GA on 15 November 2016, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant’s length of service, to include his combat service, circumstances surrounding his discharge, post service accomplishments, and personal testimony. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general (under honorable conditions). 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: In Lieu of Trial by Court-Martial / AR 635-200 / Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 6 January 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 10 December 2004, reflects the applicant was charged with violations of the UCMJ, Articles 86 and 90. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 86, AWOL (with four specifications) Charge II: Violation of the UCMJ, Article 90, Willfully disobeying a superior commissioned officer by breaking restriction (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 17 December 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 22 December 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 21 February 2002 / 6 years (Note: Based on the applicant’s enlistment contract, the DD Form 214, block 12a, erroneously reflects the applicant entered Active Duty on 5 March 2002) b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 107 c. Highest Grade Achieved/MOS/Total Service: E-3 / 63H10, Track Vehicle Repairer / 2 years, 10 months, 16 days (Note: Based on the applicant’s service record, the DD Form 214, block 12c, erroneously reflects 2 years, 10 months and 2 days) d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Kuwait (10 March 2003 to 10 April 2003) and Iraq (10 April 2003 to 15 February 2004) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Developmental Counseling, dated between 3 March 2004 and 12 July 2001, for failing to report on multiple occasions, disrespect towards a commissioned officer, drunk on duty and failing to obey orders on multiple occasions. Seven DA Forms 4187, dated between 17 July 2004 and 10 November 2004, reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY)” to “Absent Without Leave (AWOL),” effective 17 July 2004; From “AWOL” to “PDY,” effective 29 July 2004; From “PDY” to “AWOL,” effective 17 August 2004; From “AWOL” to “PDY,” effective 19 August 2004; From “PDY” to “AWOL,” effective 1 October 2004; From “AWOL” to “Dropped From Rolls (DFR),” effective 1 November 2004; and, From “AWOL” to “Civilian Confinement,” effective 9 November 2004. DD Form 458 (Charge Sheet), dated 10 December 2004, described at the preceding paragraph 3c(2). i. Lost Time: None (Note: According to DD Form 458, the applicant was absent for various periods; however, the DD Form 214, block 29 does not reflect any lost time) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a copy of his DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 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 and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends that he had good service which included a combat tour. 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 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 documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions. b. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Warner Robins, GA on 15 November 2016, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant’s length of service, to include his combat service, circumstances surrounding his discharge, post service accomplishments, and personal testimony. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general (under honorable conditions). 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: General (Under honorable Conditions) 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 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 AR20150014710 4