1. Applicant's Name: a. Application Date: 22 September 2017 b. Date Received: 20 October 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, requests a discharge upgrade and believes that the applicant earned this throughout active service time by consistently striving for higher levels of responsibility and military education. The applicant would like to continue to serve and support the government on a more permanent basis; as such, is not eligible due to the current discharge characterization. The applicant desires to utilize the Post 9/11 GI Bill to complete a degree. Since discharge, the applicant has grown and matured as a person. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder, Major Depressive Disorder, and Dysthymic Disorder. The applicant does not currently have a service-connected rating from the VA. The VA has diagnosed the applicant with Persistent Depressive Disorder. In summary, due to the basis of separation not being in file, there is insufficient evidence to determine if the applicant had a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 23 August 2019, 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 / Under Other Than Honorable Conditions b. Date of Discharge: 21 July 2016 c. Separation Facts: Yes (1) Date Charges Were Preferred: 16 June 2016 (2) Basis for Separation: The evidence of record does not contain a DD Form 458, Charge Sheet and government regularity is presumed in the discharge process. (3) Recommended Characterization: The applicant's chain of command recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: 27 June 2016, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 July 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 November 2014 / 4 years b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-5 / 35F10, Intelligence Analyst / 5 years, 5 months, 15 days d. Prior Service / Characterizations: RA, 7 February 2011 to 23 November 2014 / HD e. Overseas Service / Combat Service: Hawaii / SWA / Afghanistan, 28 September 2012 to 9 January 2015 / Honduras f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, ACM-CS, GWOTSM, MOVSM, NOPDR, ASR, OSR, NATO MDL g. Performance Ratings: 1 September 2014 to 22 April 2015, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 22 April 2015, for with intent to deceive, made to CPT M.D.S., an official statement, he took the Army Physical Fitness Test, which statement was totally false and was then known by him to be so false (19 November 2014); reduction to SPC / E-4, forfeiture of $1,175 pay (suspended) and extra duty for 14 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application (seven pages); AGCM Orders 324-001; ARCOM certificate; level 1 PACOM All Source Analyst Training; recommendation for award (two pages); three Certificates of Achievement; Certificate of Appreciation; PACOM, Critical Thinking Structured Analysis certificate; two Beginner High Intensity Spanish diplomas; Intelligence and Security Command Diploma; Intelligence Communications Certificate of Completion; Intelligence Support, Certificate of completion; Joint Analyst-Interrogator Collaboration Course, certificate of completion; Joint HUMINT Analysis and Targeting Course, certificate of completion; Joint Source Validation Course, certificate of completion; MOVSM Citation; honorable discharge certificate; oath of reenlistment; and a Service School Academic Evaluation Report. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his applicant that since leaving the Army, he deployed to Afghanistan as a civilian contractor working as an all source Intelligence Analyst. Upon returning from that deployment, he sought to continue serving in a contractor capacity to support the Warfighter. He is serving as an all source analyst in Kuwait. 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 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 the characterization of service from under other than honorable conditions to honorable. The applicant's record of service, the issues and 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. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. 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 several acts of significant achievement and valor to include two combat tours; however, it did not support the issuance of an honorable or a general discharge by the separation authority at the time of separation. The applicant seeks relief contending, he requests and a discharge upgrade and believes that he earned this throughout his active service time by consistently striving for higher levels of responsibility and military education; and since his discharge he has grown and matured as a person. The applicant is to be commended for his efforts. However, these contentions are not matters which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant further contends, he would like to continue to serve and support the government on a more permanent basis; as such, he is not eligible due to his current discharge characterization. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant desires to utilize the Post 9/11 GI Bill to complete his degree. 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 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 23 August 2019, 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 AR20170015904 1