1. Applicant's Name: a. Application Date: 16 March 2016 b. Date Received: 21 March 2016 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 was an outstanding Soldier his whole career as his service records will reflect. He contends he did not have any disciplinary issues until after returning from deployment to Kuwait. He found out while he was deployed that his wife was cheating on him and it escalated when he returned home; as a result he became addicted to alcohol which led to some drug use. He referred himself to the alcohol drug program to obtain help and was prescribed anti depression medication. He also attended counseling a couple of times. He contends that at the time of discharge he had been approved for a medical discharge; however, because of his pending UCMJ actions the action was stopped. In a records review conducted at Arlington, VA on 11 October 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, severe family matters, prior periods of honorable service, post-service accomplishments and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. This Board action entails restoration of grade/rank to E-6/SSG. (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: 1 April 2004 c. Separation Facts: (1) Date Charges Were Preferred: 23 February 2004 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 23 February 2004, the applicant was charged with the wrongful use of methamphetamine a schedule II controlled substance on 29 November 2003 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 29 February 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 March 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 February 2003 / 3 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-6 / 42A30, Personnel Specialist / 9 years, 22 days d. Prior Service / Characterizations: RA, 10 March 1995 to 28 May 1997 / HD RA, 29 May 1997 to 1 June 2000 / HD RA, 2 June 2000 to 6 December 2001 / HD RA, 7 December 2001 to 5 February 2003 / HD e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: ARCOM-2, AAM-4, AGCM-2, NDSM-2, GWOTSM, NOPDR-2, ASR, OSR, EIB g. Performance Ratings: May 2000 to April 2003, Among The Best h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; documents from service records (to include certificates of training, awards, and evaluation reports); and letters of support. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has been saved and baptized, received a job, been awarded custody of his son and has been sober for six years. 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 several acts of significant achievements or valor; however, it did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant seeks relief contending, he was an outstanding Soldier his whole career as his service records will reflect. He contends he did not have any disciplinary issues until after returning from deployment to Kuwait. He found out while he was deployed that his wife was cheating on him and it escalated when he returned home; as a result he became addicted to alcohol which led to some drug use. While the applicant may contend that issues in his personal life were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief 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. The applicant contends he referred himself to the alcohol drug program to obtain help and was prescribed anti depression medication. He also attended counseling a couple of times. He contends that at the time of discharge he had been approved for a medical discharge; however, because of his pending UCMJ actions the action was stopped. These contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support the contentions that he referred himself to the alcohol drug program to obtain help and was prescribed anti depression medication or that at the time of discharge he had been approved for a medical discharge; however, because of his pending UCMJ actions the action was stopped. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant's statement alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 11 October 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, severe family matters, prior periods of honorable service, post-service accomplishments and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. This Board action entails restoration of grade/rank to E-6/SSG. 10. 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 Authority to: No Change e. Change SPD/RE Code to: No Change f. Restore (Restoration of) Grade to: E-6/SSG AUTHENTICATING OFFICIAL: 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 AR20160006437 1