1. Applicant's Name: a. Application Date: 17 July 2017 b. Date Received: 11 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, that the current living situation is homeless with no Family. The applicant is at the mercy of the military, where one served the best one could. The applicant served without the help of the military and needing the help of the United States to help a Soldier live the last 25 years of life. The applicant contends there was a hearing sometime in September 2017, but did not receive the mail in time to act on the date requested. The applicant does not have an address at this time, but does have a PO Box. The applicant is just asking for a chance to be part of the everyday people who matter in this society. Evidence shows a prior records review was conduct on 12 September 2016. In a personal appearance hearing conducted at Arlington, VA on 30 July 2018, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, and homelessness. 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 2 June 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 April 2004 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 23 April 2004, the applicant was charged with the following charges: Charge I: Violation of Article 128, UCMJ, for assaulting SPC B on 3 March 2004. Charge II: Violation of Article 117, UCMJ (two specifications), for wrongfully using provoking words on two separate occasions on 3 March 2004, towards SGT S and SPC W. Charges III and IV, continued on a continuation sheet is NIF; however, the applicant's previous request indicates: Charge III as violations of Article 91, UCMJ (two specifications), for disobeying an NCO on two separate occasions, and Charge IV as violation of Article 134, UCMJ, for communicating a threat (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 26 April 2004 (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 6 May 2004 / / Under Other Than Honorable Conditions discharge 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 March 1999 / 7 years, 7 months (includes his extension of enlistment on 9 September 2003) b. Age at Enlistment / Education / GT Score: 32 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15S10, OH-58D Helicopter Repairer / 5 years, 2 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (18 January 2004 to 18 May 2004.) f. Awards and Decorations: AAM; NDSM; AGCM; GWOTEM; GWOTSM; NCOPDR; ASR; OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c (continuation sheet NIF). Discharge Orders 142-0003, dated 21 May 2004. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 his under other than honorable conditions discharge to general (under honorable conditions). 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. 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; however, it appears they did not support the issuance of an honorable or a general (under honorable conditions) discharge by the separation authority at the time of discharge. The applicant seeks relief contending, in effect, that he is homeless with no family. He contends he is at the mercy of the military for who he served the best he could. He served his time without the help of the military and needing the help of the United States to help a Soldier to live the last 25 years of his life. He contends he had a hearing sometime in September 2017 but did not receive his mail in time to act on the date requested. He does not have an address at this time but does have a PO Box. He is just asking for a chance to be part of the everyday people who matter in this society. The applicant contends that he is currently homeless and needs help. However, 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 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. 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): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 30 July 2018, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, and homelessness. 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. 11. 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 AR20170016246 3