1. Applicant's Name: a. Application Date: 16 January 2017 b. Date Received: 9 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, her character of service was reviewed by the ADRB in 2010, wherein the Board granted relief in the form an upgrade to General (Under Honorable Conditions), for which she is grateful. The upgrade allowed her the opportunity to apply for VA benefits. In 2013, she applied for the Post 9/11 GI Bill, but was denied, due to the "remarks" section of her DD Form 214. Her eligibility was determined from her service from 22 September 1987 to 22 April 2001. These dates disallowed her from being eligible to receive any education benefits. She provides the results from her first application to the ADRB. She is repaying the DOD the monies that resulted in her discharge and she requests to have the eligibility for her current character of service to extend to date that she was discharged (22 February 2005); and, wherein she served in OEF from 2004 to 2005. Additionally, she desires to attain retirement benefits, at the grade that the Board deems necessary, based on the narrative of her discharge. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 8 August 2007. In a personal appearance hearing conducted at Arlington, VA on 9 April 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) / Characterization of service was upgraded from Under Other Than Honorable Conditions to General (Under Honorable Conditions), per ADRB decision, AR20060011619, dated 8 August 2007. b. Date of Discharge: 26 February 2005 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 19 November 2004, the applicant was charged with violating Article 121, UCMJ, for being for stealing money, military property, of a value of about $32,913.99, the property of the United States Government (between 20 November 2002 and 7 July 2004). (2) Legal Consultation Date: 1 January 2005 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: / 8 January 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 April 2001 / Indefinite b. Age at Enlistment / Education / GT Score: 31 / 1 year college / 114 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92Y30, Unit Supply Specialist / 17 years, 5 months, 5 days d. Prior Service / Characterizations: RA, 22 September 1987 - 17 April 1991 / HD RA, 18 April 1991 - 11 August 1993 / HD RA, 12 August 1993 - 18 April 1995 / HD RA, 19 August 1995 - 1 September 1998 / HD RA, 2 September 1998 - 22 April 2001 / HD e. Overseas Service / Combat Service: Hawaii, Japan, SWA / Afghanistan (25 March 2004 - 19 January 2005) f. Awards and Decorations: ARCOM-3, AAM-5, GWOTEM, GWOTSM, AGCM-5, NDSM-2, NCOPDR-2, ASR, OSR-2 g. Performance Ratings: October 2000 - March 2003 / Among The Best April 2003 - July 2003 / Non Rated August 2003 - August 2004 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; DD Form 214; VA Decision Letter; and, ADRB Decision (2007). 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her 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. Her record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends that an upgrade of her discharge would allow educational benefits through the use of the GI Bill. However, 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 she had good service which included a combat tour. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. The applicant requests to have the eligibility for her current character of service to extend to date that she was discharged (22 February 2005); and, wherein she served in OEF from 2004 to 2005. Additionally, she desires to attain retirement benefits, at the grade that the Board deems necessary, based on the narrative of her discharge. The correction the applicant requests to be made to her DD Form 214, does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. An application for that Board can be obtained online or from the Veterans Administration. 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 document(s): No Documents were listed on the hearing data sheet. b. The applicant presented the following additional contention(s): None were listed on the hearing data sheet. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 9 April 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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. Change SPD Code to: No Change f. Change 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 AR20170001851 4