1. Applicant's Name: a. Application Date: 30 August 2016 b. Date Received: 6 September 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 honorable. The applicant seeks relief contending, in effect, since his discharge, he has held the same job as a HVAC lead technician, utilizing what he has learned while serving in the military, to make him who he is today in his community and household. The applicant asks the board to shed light on him not as a struggling victim, but rather who he was while he served. The applicant states he has kept his bearing and discipline as a civilian, with no trouble with law enforcement or any other commanding authority. In a record review hearing conducted at Arlington, Virginia 12 July 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 (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 2 May 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: (Based on request for unconditional waiver) Under Other Than Honorable Conditions (4) Legal Consultation Date: 4 April 2011 (5) Administrative Separation Board: Waived, 4 April 2011 (6) Separation Decision Date / Characterization: 13 April 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 November 2007 / 5 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11C10, Indirect Fire Infantryman / 6 years, 5 months, 2 days d. Prior Service / Characterizations: RA, 4 October 2005 to 9 November 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (20 October 2006 to 6 January 2008 and 3 January 2009 to 26 December 2009) f. Awards and Decorations: ICM-3CS, ARCOM, NDSM, GWOTSM, ASR, OSR-2, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action forms, dated 18 August 2010, reflect the applicant's duty status changed from "Present for Duty (PDY)" to "AWOL," effective 17 June 2010, and from "AWOL" to "PDY," effective 12 August 2010. DD Form 458 (Charge Sheet), dated 14 February 2011, reflects the applicant was being charged with the following charges: Charge I: Violation of the UCMJ, Article 86 Charge II: Violation of the UCMJ, Article 89 Charge III: Violation of the UCMJ, Article 90 Charge IV: Violation of the UCMJ, Article 91 Memorandum, dated 21 April 2011, Subject: Notification of Summary Court-Martial, indicates the applicant was notified to appear before the initial session of his Summary Court-Martial, with the right to consult with qualified defense counsel before the initial session. Record of Trial By Summary Court-Martial, dated 27 April 2011, reflects the following summary of offenses, please, and findings: Charge I: Violation of the UCMJ, Article 86, AWOL, 17 June until 12 August 2010 Plea: Guilty Finding: Guilty Charge II: Violation of the UCMJ, Article 89, Disrespect to a Commissioned Officer Plea: Guilty Finding: Guilty Charge III: Violation of the UCMJ, Article 90, Failed to obey a lawful command Plea: Guilty Finding: Dismissed Charge IV: Violation of the UCMJ, Article 91, Disrespect to a Noncommissioned Officer Plea: Guilty Finding: Guilty Sentence adjudged: 27 April 2011, to be reduced to E-2 and forfeiture of $548.00. i. Lost Time / Mode of Return: 57 days 56 days (AWOL, 17 June 2010 to 11 August 2010) / NIF 1 day (NIF, 27 to 28 December 2010) / NIF The applicant received several negative counseling statements for various acts of misconduct. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has held the same job as a HVAC lead technician. 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 honorable. 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 contends that he had good service, which included two tours 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. However, this service was determined not to be sufficiently mitigating to The applicant states he has held the same job as a HVAC lead technician, utilizing what he has learned while serving in the military, and has maintained his bearing and discipline as a civilian, with no trouble with law enforcement or any other commanding authority since his discharge. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 record review hearing conducted at Arlington, Virginia 12 July 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 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 AR20160015943 4