1. Applicant's Name: a. Application Date: 1 September 2016 b. Date Received: 6 September 2016 c. Counsel: 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 is a veteran that has served over 18 years of honorable service, selected for Sergeant Major, and the incident that caused his discharge was a one-time action. The record indicates the applicant had a prior records review in 2016. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from January 2006 thru June 2008. Clinical notes reviewed from August 2003 thru November 2007. Radiology reports reviewed from May 2003 thru December 2006. Laboratory results reviewed from August 2002 thru January 2008. Prescriptions reviewed from June 2002 thru February 2008. CT scan head without contrast (22 October 2003) for history of headaches with sphenoid sinus mucoperiosteal thickening, otherwise brain is unremarkable. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 19 problems (1 VA entered) including alcohol dependence continuous. Other diagnoses include depressive disorder. The Veteran's Administration has service-connected the applicant at 10 percent. There were notes documented thru 2015 but none found for 2016 or 2017. In a personal appearance hearing conducted at San Antonio, TX on 23 March 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, his personal testimony, the witness' testimony (MAJ C, former Rear-D Commander who oversaw the incident), severe family matters (i.e. wife bi-polar contributed to chaotic relationship, all three kids autistic, with related physical outbursts), and post service accomplishments, and as a result it is now 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 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: 27 February 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: Two DD Forms 458 (Charge Sheet), dated 1 August 2007 and 25 January 2008, reflect the applicant was charged with violations of the UCMJ, Articles 91, 92, 107, 111, 120a, 128, and 134. (2) Basis for Separation: The applicant was informed of the following reasons: DD Form 458 (Charge Sheet), dated 1 August 2007: Charge I: Violation of the UCMJ, Article 92, Failure to obey orders (with six specifications) Charge II: Violation of the UCMJ, Article 107, False official statements Charge III: Violation of the UCMJ, Article 111, Drunken or reckless operation of vehicle Charge IV: Violation of the UCMJ, Article 128, Assault (with five specifications) Charge V: Violation of the UCMJ, Article 134, Threat, communicating (with four specifications) DD Form 458 (Charge Sheet), dated 25 January 2008: Charge I: Violation of the UCMJ, Article 91, Failure to obey orders Charge II: Violation of the UCMJ, Article 107, False official statements Charge III: Violation of the UCMJ, Article 120a, Stalking Charge IV: Violation of the UCMJ, Article 128, Assault (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Separation Decision Date/Characterization: 13 February 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 11 August 2000 / Indefinite b. Age at Enlistment/Education/GT Score: 29 / HS / 86 c. Highest Grade Achieved/MOS/Total Service: E-8 / 15P10, Aviation Operations Specialist, 13R30, Field Artillery Firefinder Rader Operator / 18 years, 4 months, and 4 days. d. Prior Service/Characterizations: RA, 24 October 1989 to 24 June 1993 / HD RA, 25 June 1993 to 17 March 1997 / HD RA, 18 March 1997 to 10 August 2000 / HD e. Overseas Service/Combat Service: Korea, SWA / Afghanistan (16 February 2003 to 5 June 2003 and 18 January 2007 to 22 June 2007) and Iraq (26 November 2004 to 15 November 2005) f. Awards and Decorations: NATOMDL-BS, BSM, JSCM, ARCOM, AAM, JMUA, AGCM-6, NDSM-2, SWASM-BSS, ACM, GWOTEM, GWOTSM, KDSM, AFSM, ICM, NCOPDR-3, ASR, OSR-3 g. Performance Ratings: September 1997 thru August 1998, Fully Capable September 1998 thru 31 December 2006, Among The Best h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 14 May 2006, reflects a domestic disturbance, involving the applicant and his spouse, was reported to the Provost Marshall Office Desk Sergeant at 0647 hours (verbal, on post). Military Police Report, dated 21 June 2006, reflects the applicant committed domestic disturbance (on post) on 20 June 2006 and aggravated assault - by cutting or stabbing (on post) on 21 June 2006. Memorandum, dated 12 September 2007, Subject: Investigating Officer's (IO) Report of Article 32 Investigation Proceedings, reflects the IO recommended, based on the preponderance of evidence, all charges with selected specifications be forwarded to a General Courts Martial Convening Authority. General Officer Memorandum of Reprimand (GOMOR), dated 21 September 2007, reflects the applicant was reprimanded for driving while impaired on Fort Bragg, NC (21 June 2007). Confinement Order, dated 18 January 2008, reflects the applicant was placed in pre-trial confinement. Inmate's Release Order, dated 14 February 2008, reflects the applicant was scheduled to be released on 15 February 2008 due to his separation in lieu of trial. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214, and two character Letters. 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 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. 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 honorable. The applicant's record of service, issues and the 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 did not support the issuance of an honorable or a general discharge by the separation authority. The applicant contends that he is a veteran that has served over 18 years of honorable service, selected for Sergeant Major, and that the incident that caused his discharge was a one-time action. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 the following additional documents: 14 pages of additional documents, letters of reference and statements of support. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): Steven Conrad - Company Commander - (W) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at San Antonio, TX on 23 March 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, his personal testimony, the witness' testimony (MAJ C, former Rear-D Commander who oversaw the incident), severe family matters (i.e. wife bi-polar contributed to chaotic relationship, all three kids autistic, with related physical outbursts), and post service accomplishments, and as a result it is now 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 reason for discharge was proper and equitable and voted not to change it. 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 SPD/RE Code to: No Change e. 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 AR20160015938 2