1. Applicant's Name: a. Application Date: 13 May 2016 b. Date Received: 16 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, the reason, which served as the basis for initiation of separation proceedings was conjecture and speculative. At the time he was notified of the initiation of separation proceedings, he was being held in a county jail with charges pending. No charge had been proven in a court of law. In a records review conducted at Arlington, VA on 19 July 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 5 February 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 December 2009 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 21 June 2008, he did in fact murder, SPC T. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 30 December 2009 (5) Administrative Separation Board: On 21 December 2009, the applicant was notified to appear before an administrative separation board and advised of his rights. On 30 December 2009, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 25 January 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 April 2006 / 6 years b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 21B1P, Combat Engineer / 8 years, 3 months, 3 days d. Prior Service / Characterizations: ARNG, 26 April 2000 - 15 June 2000 / NA IADT, 16 June 2000 - 28 September 2000 / UNC ARNG, 29 September 2000 - 10 February 2003 / NA OAD, 11 February 2003 - 21 May 2003 / HD ARNG, 26 April 2000 - 28 September 2004 / HD (Concurrent Service) RA, 29 September 2004 - 1 April 2006 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (1 November 2005 - 26 October 2006) f. Awards and Decorations: ARCOM, AAM, NDSM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR, AFRMM, CAB g. Performance Ratings: 1 April 2006 - 31 March 2007 / Fully Capable 1 April 2007 - 18 January 2008 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation - Final, dated 20 February 2009, reflects: The investigation determined that there was probable cause to believe the applicant committed the offense of Murder, when he strangled SPC T, who was pregnant, there by killing her and her unborn child. Physical and testimonial evidence corroborated the offense. On 29 July 2008, the Fayetteville Police Department, Fayetteville, NC arrested the applicant at his off-post residence and charged him with the First Degree Murder of SPC T. The applicant was incarcerated at the Cumberland County Detention Facility, Fayetteville, NC without bond. Personnel Action form, reflects the applicant's duty status changed from "Present for Duty (PDY)" to "Confinement," effective 29 July 2008. The applicant was confined by civilian authorities (CCA). i. Lost Time / Mode of Return: 556 days (CCA, 29 July 2008 - 5 February 2010) / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application; copies of his military awards; and, copies of case separation documents. 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 on active duty. The applicant contends that at the time he was notified of the reason for separation, he had not been convicted in a court of law for the crime of murder. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. Additionally, the applicant did not provide any evidence to support his contention other than his own statement. Separation under AR 635-200, chapter 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. At the time of his discharge, the applicant had been confined by civil authorities for over a year; and, the applicant did not provide any evidence to reflect that he was released. The service record reflects that there was probable cause to believe the applicant committed the offence, which served as the basis for his discharge. Further, the applicant's confinement alone would have served as a qualifying circumstance for separation. 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 19 July 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. Restore (Restoration of) Grade to: 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 AR20160009363 2