1. Applicant's Name: a. Application Date: 26 April 2016 b. Date Received: 2 May 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, upon release from prison, he intends on going to college and an upgrade will allow him to receive financial aid for education purposes, as well as access to medical care. Also, potential employers would be more willing to hire the applicant if his discharge was indicative of a better characterization of his overall service. The applicant contends that during his time in service, he devoted his body, heart, and mind to the 3/3 ACR and the war effort in Iraq. He earned several awards, served diligently in his MOS, was promoted three times within a 7-month period, and is a veteran of Operation Iraqi Freedom. The applicant acknowledges that he has made mistakes, most notably the tragic offense against the State of Texas for which he is serving a prison sentence for; however, granting him an upgrade will give him a better chance of reintegrating back into society and connecting with support groups for the purpose of a better life. In a records review conducted at Arlington, VA on 9 June 2017, 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: Misconduct (Civil Conviction) / AR 635-200, Chapter 14, Section II / JKB / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 24 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: Undated (2) Basis for Separation: The applicant was convicted for murder with a deadly weapon and is currently serving 35 years in an institutional division. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Waived, 5 January 2010 [sic] (5) Administrative Separation Board: Waived, 5 January 2010 [sic] (6) Separation Decision Date / Characterization: 11 March 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 July 2006 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19K10, M1 Armor Crewman / 3 years, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (29 October 2007 to 2 January 2009) f. Awards and Decorations: ICM-2CS, ARCOM, VUA, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Killeen Police Department Arrest Report, dated 7 August 2009, reflects the applicant was arrested for murder. Personnel Action Form, dated 8 August 2009, reflects the applicant's duty status changed from "Present for Duty" to "Confined," effective 7 August 2009. Sworn Statement, dated 9 August 2009, written by CPT M.E.Z., investigating officer, outlining the story of events the night of 6 August 2009. The State of Texas Judgement of Conviction by Jury, Incident No./TRN: 9179668038, reflects the following judgement: Offense for which Convicted: Murder w/ Deadly Weapon Date of Offense: 7 August 2009 Degree of Offense: 1st Degree Felony Plea to Offense: Not Guilty Verdict of Jury: Guilty Punishment & Place of Confinement: 35 Years Institutional Division, TDCJ Time Credited: 7 Aug 2009 to 12 Oct 2010 i. Lost Time / Mode of Return: 594 days (Civilian confinement, 7 August 2009 to 24 March 2011) / unspecified j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with attachments listed in block 8 of the application. 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 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). The applicant's record of service, 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. The applicant has expressed his desire to have access to veterans' benefits (i.e. medical and education) and better job opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 that he had good service, which included a combat tour in Iraq. 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 contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 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 9 June 2017, 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: No Change 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 AR20160008940 2