1. Applicant's Name: a. Application Date: 25 September 2017 b. Date Received: 28 September 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to general (under honorable) conditions. The applicant seeks relief contending, in effect, is requesting an upgrade of discharge for the purpose of obtaining education benefits and access to VA Medical treatment benefits. The applicant believes there should be a second chance, and the record will show that the applicant's first enlistment went well without incident. It was not until the second enlistment and deployment that things went wrong. The applicant made a very bad decision and this one decision has caused life to be in a downward spiral. The applicant believes the opportunity to join the Army and serve was the best thing in life. The applicant admits that the recklessness, led to the applicant messing up and blew this opportunity. Now all the applicant wants is to be given a second chance. Since discharge and because of the barriers associated with it, the applicant has not gotten better. Instead, the applicant has exhausted all money seeking medical and mental treatment, trying to be and do better. The applicant contends there is no excuse for what was done, but has remorse and wishes to be given at least the chance to go to school and get the medical help the applicant truly needs. 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 the following Behavioral Health (BH) diagnoses: Adjustment Disorder, Depression, and Dependent Personality Disorder. Review of the Veteran Affair (VA) medical records indicates that the applicant has had his Compensation and Pension examinations by the VA. The applicant did not meet criteria for PTSD and does not have a history of TBI. Based on the available information, the applicant does not have a mitigating BH diagnosis which led to the applicant's separation from the Army. In a records review conducted at Arlington, VA on 29 October 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 / Under Other Than Honorable Conditions b. Date of Discharge: 5 September 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 August 2008 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 15 August 2008, the applicant was charged with the following offenses: On diver's occasion, between 1 February 2008 and 13 June 2008, without authority, failure to go to his appointed place of duty to wit: Forward Operating Base Fenty, Afghanistan; On diver's occasions, between 1 February 2008 and 18 April 2008, violated a lawful general order, to wit: paragraph 5.c., General Order No. 1, Combined/Joint Task Force-82, dated 8 June 2007, by wrongfully possessing alcohol, wrongfully introducing alcohol onto Forward Operating Base Fenty, and wrongfully selling alcohol; and On 13 June 2008, violated a lawful general order, to wit: paragraph 5.a (2), General Order No. 1, Combined/Joint Task Force-101, dated 19 April 2008, by wrongfully failing to maintain positive personal control of his weapon by allowing a local national to possess his M4 carbine rifle. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 August 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 August 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 February 2006 / 5 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92R10, Parachute Rigger / 4 years, 6 months, 11 days d. Prior Service / Characterizations: RA, 25 February 2004 to 25 February 2006 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (18 April 2005 to 1 April 2006 and 24 May 2007 to 21 July 2008) f. Awards and Decorations: AGCM, ACM, HSM, OSR-2, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Two negative counseling statements for acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored letter; VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim); and copy of awards received. 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. 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; however, it appears they did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant seeks relief contending that he believes he should receive a second chance, his record will show that his first enlistment went well without incident, it was not until his second enlistment and deployment that things went wrong. He made a very bad decision and this one decision has caused his life to be in a downward spiral. He believes the opportunity to join the Army and serve was the best thing he had going for him. He admits that in his recklessness, he messed up and blew that opportunity. Now all he wants is to be given a second chance. Since his discharge and because of the barriers associated with it, he has not gotten better. Instead, he has exhausted his money seeking medical and mental treatment, trying to be and do better. He contends he has no excuse for what he did, but he does have remorse and wishes to be given at the lease the chance to go to school and get the medical help he truly needs. The applicant's contentions were noted, however, 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 on his accomplish. At the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waiverable disqualification, thus the applicant is no longer eligible for reenlistment. The applicant expressed his desire for an upgrade of his discharge for the purpose of obtaining education benefits and access to VA Medical treatment benefits. 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 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 29 October 2018, 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 AR20170017037 1