1. Applicant's Name: a. Application Date: 14 January 2016 b. Date Received: 19 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, that the discharge received was inequitable due to the fact that it was a one-time mistake over the course of a 10 year career. The applicant's characterization of service does not reflect the dedication, or the representation of an NCO in the United States Army. Because of the discharge, the applicant is ineligible for transitional medical insurance and has been turned down for many jobs, which has caused the inability to support Family. The applicant states, he was using medication from the clinic, which was not a narcotic. The applicant normally had access to the medication and used it in order to help sleep at night and adjust to the time difference while in Afghanistan. The medication had an unforeseen interaction with another medication that the applicant was taking for an upper respiratory infection. The commander charged him with a General Order #1 violation, for taking a medication with the sole intent of intoxication. The applicant was able to prove that this was not the case, since the applicant was being treated for insomnia. The applicant states the urinalysis came up completely clean and reflected that no narcotic or controlled substances were being taken. After eight months, the commander then changed the charge to larceny. The applicant's lawyer advised that it would be better to request a separation instead of fighting the larceny charge due to the risk of a conviction. Based on this, the applicant submitted a request for separation. The applicant states the ability to provide references that can attest to the upstanding character during service in the Special Forces. The applicant humbly requests that this one mistake not ruin any chances of a future for his Family or self. The applicant had served over 10 years in the Army, with over seven years in the Special Forces, and took part in three successful deployments to Afghanistan, two successful deployments to Central America, and one successful deployment to South America. Prior to this one-time event, the applicant never received a negative counseling, NCOER, or any judicial or non-judicial punishment. The applicant takes great pride in being a member of the Special Forces Regiment, as well as a Special Forces Medical Sergeant. The applicant looks forward to continuing to do great work in support of the country. In a records review conducted at Arlington, VA on 20 July 2018, 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: In Lieu of Trial by Court-Martial / AR 635- 200, Chapter 10 / KFS / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 7 October 2016 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: NIF (3) Basis for Separation: NIF (4) Recommended Characterization: NIF (5) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 November 2012 / 6 years b. Age at Enlistment / Education / GT Score: 26 / 2 years college / 116 c. Highest Grade Achieved / MOS / Total Service: E-7 / 18D4P, Special Forces Medical Sergeant / 10 years, 4 months 1 day d. Prior Service / Characterizations: RA, 7 June 2006 - 1 June 2009 / HD RA, 2 June 2009 - 20 November 2012 / HD e. Overseas Service / Combat Service: Columbia, Guatemala, Panama, SWA / Afghanistan (22 August 2009 - 9 January 2010, 6 July 2010 - 22 March 2011, 6 January 2012 - 1 October 2012) f. Awards and Decorations: ACM-2CS, BSM-3, AAM-2, MUC, VUA, AGCM-3, NDSM, GOWTEM, GWOTSM, NCOPDR-3, ASR, OSR, NATOMDL, CIB / The applicant's service record reflects he was awarded the JMUA and the CAB, however, these awards are not reflected on his DD Form 214. g. Performance Ratings: 1 November 2012 - 31 October 2012 / Among The Best 1 November 2013 - 31 October 2014 / Among The Best 1 November 2014 - 30 June 2015 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None 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. 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. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, In Lieu of Trial by Court-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu Of Trial By Court-Martial, with a characterization of service of General (Under Honorable Conditions). Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 10, AR 635-200, with a under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," and the separation code is "KFS." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that he had good service which included a several combat tours. 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 is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that an upgrade of his discharge would allow him transitional medical benefits. However, eligibility for medical benefits 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 20 July 2018, 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 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 AR20170001698 1