1. Applicant’s Name: a. Application Date: 1 December 2015 b. Date Received: 15 January 2016 b. Representative: Ms. Heather Gilbert, Veterans Service Officer, 251 Martha Drive Winchester, OR 97495 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, while he made choices at a time while he was in the service, which were frowned upon by his peers that forced his separation, he has worked very hard since to prove his true character in hopes of making up for his mistakes. He has maintained several jobs, became a dedicated father, enrolled as a full-time student, and is a full-time employee at a local YMCA. While attending a community college, he was involved in the shooting of 1 October 2015, where he did what he could to stop the shooter and he was wounded by being shot five times in the process. Those actions were the result of still living the Army Values the best he could. He hopes his actions show that while he made bad choices, he proudly serves his fellow Americans, flag, and country. In a personal appearance hearing conducted at Arlington, VA on 7 November 2016, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant’s circumstances surrounding the discharge (i.e. post service accomplishments). 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 27 March 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 November 2006 (2) Basis for Separation: Pursuant to AR 635-200, paragraph 14-12c(2), the following reasons were cited: testing positive for marijuana on 24 April 2006, 27 July 2006, 17 August 2006, and 12 October 2006, and being AWOL on 11 September 2006 through 25 September 2006. (3) Recommended Characterization: Under Other Than Honorable Conditions discharge (4) Legal Consultation Date: 5 March 2007 and 6 December 2006 (5) Administrative Separation Board: Waived, 5 March 2007 (6) Separation Decision Date/Characterization: 9 March 2007 / Under Other Than Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 May 2004 / 5 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 100 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 2 years, 8 months, 29 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Four Drug Testing Results reports, indicate the applicant tested positive for THC during urinalyses conducted on: 24 April 2006, on an IU (Inspection, Unit) basis; 27 July 2006, on an IR (Inspection, Random) basis; 17 August 2006, on an IU (Inspection, Random) basis; and 12 October 2006, on an IU (Inspection, Random) basis. FG Article 15, dated 15 June 2006, for wrongfully using marijuana between 25 March 2006 and 24 April 2006. The punishment consisted of a reduction to E-1, forfeiture of $636 per month for two months, and 45 days of extra duty and restriction. Negative counseling statements for being AWOL and failing several urinalysis tests. DD Form 2329 (Record of Trial by Summary Court-Martial), indicates the applicant was found guilty of the following charges on 24 October 2006, by a summary court-martial: Charge I, violation of Article 86 for being AWOL from 11 September 2006 until 25 September 2006, and Charge II, violations of Article 112a for two specifications of wrongfully using marijuana between 27 June 2006 and 28 July 2006, and between 17 July 2006 and 17 August 2006. The sentence consisted of 30 days of confinement. Report of Mental Status Evaluation, dated 26 September 2006, psychiatrically cleared the applicant for any administrative actions deemed appropriate by his command. i. Lost Time: 40 days (AWOL, 11 September 2006 through 25 September 2006 and Military Confinement, 24 October 2006 through 17 November 2006) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application with DD Form 214 and VA Form 21-4138 (Statement in Support of Claim), dated 11 January 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has maintained several jobs, became a dedicated father, enrolled as a full-time student, and is a full-time employee at a local YMCA. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant’s record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance, such that he should have been retained. In consideration of the applicant's post-service accomplishments since his discharge, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The third party statement provided with the application speaks highly of the applicant’s character, and recognizes his good conduct after leaving the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. 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 no additional documents or contentions. b. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 7 November 2016, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant’s circumstances surrounding the discharge (i.e. post service accomplishments). 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 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 AR20160001586 4