1. Applicant's Name: a. Application Date: 28 February 2017 b. Date Received: 9 March 2017 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, that he would like an upgrade of his discharge for the purpose of getting a job in law enforcement or government work. The applicant contends he was a good Soldier who advanced quickly and that his discharge was the result of his attempts to clean his life up. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has not raised the issue of his mental health as a mitigating factor. He showed AHLTA diagnoses of Nicotine Dependence, Alcohol-Induced Disorder, Other Family Circumstances, Chronic PTSD (24 February 2006), and Depression. JLV showed no VA SC disability percentages and no diagnoses on a VA problem list. A note on 21 March 2006 showed the applicant had unavailable records in the Substance Abuse Rehabilitation Department. Also it showed he had a Separation MSE that cleared him for discharge as a Chap 5-22, Para 34 & 62. None of his diagnoses were adequately explained. Given he is not claiming a behavioral health condition as a mitigating factor, he is not mitigated. In a records review conducted at Arlington, VA on 15 June 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service a prior period of honorable service and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH and PTSD), and as a result it is 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 29 August 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 August 2007 (2) Basis for Separation: The applicant was informed of the following reason: going AWOL from 5 October 2006 until 4 June 2007 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 August 2007 (5) Administrative Separation Board: The applicant waive consideration of his case by an administrative separation board (6) Separation Decision Date / Characterization: 22 August 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 October 2004 / 5 years b. Age at Enlistment / Education / GT Score: 20 / GED / 109 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D10, Cavalry Scout / 3 years, 10 months, 14 days d. Prior Service / Characterizations: USAR, 18 October 2001 to 1 October 2002 / NA RA, 2 October 2002 to 17 October 2004 / HD e. Overseas Service / Combat Service: SWA / Iraq (6 January 2004 to 8 December 2004) f. Awards and Decorations: ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, HSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG, Article 15, dated 10 July 2006, for being absent without authority from 23 February 2006 until 20 March 2006 and 27 March 2006 to 21 June 2006, and failing to go at the time prescribed to his appointed place of duty on 24 March 2006. The punishment consisted of reduction to E-4, forfeiture of $967 pay for two months (suspended), and 45 days extra duty and restriction. FG, Article 15, dated 23 August 2006 for not going to his appointed place of duty on 16 July 2006. The punishment consisted of reduction to rE-1, forfeiture of $636 pay per months for two months (suspended) and 45 days extra duty and restriction (suspended). DA Form 458 (Charge Sheet), dated 18 June 2007, reference being absent from his unit 5 October 2006 to 4 June 2007. Offer to plead guilty documents, dated 28 June 2007, which shows the applicant agreed to plead guilty to the charges pending against him. He also agreed as part of the offer to plead guilty to waive any right to an administrative separation board initiated as a result of these charges. Several negative counseling statements for various acts of misconduct and performance i. Lost Time / Mode of Return: Total time lost 316 days; AWOL 25 days (23 February 2006 to 19 March 2006) / surrendered; AWOL 25 (27 March 2006 to 20 June 2006) / surrendered; AWOL 241 days (5 October 2006 to 3 June 2007) / surrendered; confinement by military authority 25 days (25 July 2007 to 18 August 2007). j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; letters of reference; and recommendation for award. 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 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 on Active Duty. The applicant seeks relief contending, he was a good Soldier who advanced quickly and that his discharge was the result of his attempts to clean his life up. The applicant's contentions were noted; 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 and the applicant is to be commended. Further, the applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant expressed his desire for an upgrade of his discharge for the purpose of getting a job in law enforcement or government work. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. 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 15 June 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service a prior period of honorable service and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH and PTSD), and as a result it is 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 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 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 AR20170004190 1