1. Applicant's Name: a. Application Date: 13 August 2017 b. Date Received: 17 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, cannot receive full benefits for the time frame for 1 May 2004 to 13 May 2005. The applicant served honorably in Iraq and received several medals. The applicant did not have any misconduct or negative reports. The conviction happened at Fort Irwin and not Schofield Barracks. The applicant asks that the time Iraq be considered as honorable so the applicant can receive full benefits and the help the applicant needs for this time period. The applicant is disabled and has been homeless seven times because help was not available or the applicant could not afford rent. 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 ADHD and FAP Involvement. The VA has diagnosed the applicant with PTSD, Major Depressive Disorder, Anxiety Disorder, and mTBI. The applicant is 60% service-connected for non-BH diagnoses. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 6 May 2020, 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 (Civil Conviction) / AR 635-200, Chapter 14, SEC II / JKB / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 2 September 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 7 May 2008 (2) Basis for Separation: The notification memorandum is not contained in the available record; however, the unit commander's recommendation memorandum shows that the applicant was informed of the following reasons for his discharge; he was convicted of willful cruelty to a child with possible injury or death in San Bernardino Superior Court, a civilian court, pursuant to his plea of nolo contendere. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Applicant's election of rights are not contained in the available record and government regularity is presumed in the discharge process. (5) Administrative Separation Board: The separation approving authority disapproved the applicant's conditional waiver. His case was referred to an administrative separation board. However, the board proceedings are not contained in the available record and government regularity is presumed in the discharge process. (6) Separation Decision Date / Characterization: 7 August 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 June 2003 / 6 years / Block 12a on the applicant's DD Form 214 dated entered active duty this period is incorrect, should read 1 May 2001, see DD Form 215, dated 8 July 2009. b. Age at Enlistment / Education / GT Score: 23 years / HS Graduated / 81 c. Highest Grade Achieved / MOS / Total Service: E-4 / 8M10, Motor Transport Operator / 7 years, 5 months d. Prior Service / Characterizations: ARNG, 31 July 2000 to 23 August 2000 / NA IADT, 24 August 2000 to 26 January 2001 / UNC ARNG, 27 January 2001 to 30 April 2001 / HD RA, 1 May 2001 to 3 June 2003 / HD e. Overseas Service / Combat Service: Hawaii / SWA / Iraq, 1 March 2004 to 31 March 2005 f. Awards and Decorations: ARCOM, AGCM, NDSM, ICM-2 BSS, GWOTSM, ASR, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); two DD Forms 214; four DD Forms 215; Recommendation for Award (two pages); ARCOM Certificate; VA Form, Statement in Support of Claim for Service Connection for PTSD (two pages); two statements in support of claim (four pages); VA, Statement in Support of Claim; statement in support of claim; ICM deployment roster (two pages); two Statement of Wartime Service Rosters (four pages); Iraq deployment orders C041-14, with roster (three pages); Memorandum for record, PERSTEMPO Days; Certificate of Recognition; Memorandum for record, Authority to Wear 1st ID Combat Patch; State of Connecticut, Wartime Service Medal Certificate with letter; Certificate of Appreciation; Permanent Change of Station Orders, C194-79; and a Letter PTSD and Compassion. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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. By the misconduct (civil conviction), the applicant diminished the quality of his service below that meriting a general (under honorable conditions) or an honorable discharge at the time of separation. 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 cannot receive full benefits for the time frame for 1 May 2004 to 13 May 2005; he asks that his time Iraq be considered as honorable so he can receive full benefits and the help he needs for this time period. 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 further contends, he served honorably in Iraq and received several medals. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered. The applicant also contends, he did not have any misconduct or negative reports. The discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant additionally contends, his conviction happened at Fort Irwin and not Schofield Barracks. The record of evidence shows that the applicant was convicted in San Bernardino Superior Court of willful cruelty to a child with possible injury or death. Lastly, the applicant contends, he is disabled and has been homeless seven times because help was not available or he could not afford rent. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he is disabled at the present time. Eligibility for housing supportive program benefits for Veterans 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. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential 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 6 May 2020, 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 AR20170016023 1