1. Applicant's Name: a. Application Date: 27 October 2016 b. Date Received: 23 October 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, that the discharge was inequitable because it was based on an isolated incident in 70 months of service with no other adverse action. In a records review conducted at Arlington, VA on 8 May 2019, and by a 5-0 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, valor, and a prior period of honorable service. 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: 21 October 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 August 2011 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 31 August 2011, the applicant was charged with the following offenses: Wrongful use of marijuana between 13 December 2010 and 13 January 2011; Wrongful use of methamphetamines between 28 December 2010 and 4 January 2011; and Being absent without leave from his unit from 15 January 2011 until his return on 22 May 2011. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 September 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 October 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 March 2010 / 4 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 5 years, 9 months, 9 days d. Prior Service / Characterizations: RA, 23 August 2005 to 31 March 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq (10 October 2006 to 13 December 2007) and Afghanistan (28 May 2009 to 23 May 2010) f. Awards and Decorations: ARCOM-V Device, AGCM, NDSM, ACM-2CS, GWOTSM, ICM-CS (2), ASR, OSR-2, NATOMDL, CIB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624 (Specimen Custody Document-Drug Testing), dated 11 March 2011, reflects the applicant tested positive for DAMP, DMETH during an Inspection Unit (IU) urinalysis testing conducted on 4 January 2011. DD Form 2624 (Specimen Custody Document-Drug Testing), dated 10 March 2011, reflects the applicant tested positive for THC during a Probable Cause (PO) urinalysis testing conducted on 13 January 2011. Personnel Actions documents, reference change of duty status from present for duty (PDY) to absent without leave (AWOL); AWOL to dropped from rolls (DFR); DFR to PDY; PDY to confinement civilian authority (CCA); and CCA to PDY. Negative counseling statement for being AWOL. i. Lost Time / Mode of Return: Total lost time 141 days: AWOL 127 days (15 January 2011 to 21 May 2011) / apprehended by civil authority; and 14 days confinement civil authority (22 May 2011 to 4 June 2011). j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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 honorable or 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 achievements; however, it appears it did not support the issuance of an honorable or general (under honorable conditions) discharge by the separation authority at the time of discharge. The applicant seeks relief contending that his discharge was inequitable because it was based on an isolated incident in 70 months of service with no other adverse action. The applicant's contention was noted; however; although a single incident, 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. 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. Further, the evidence of record shows the applicant committed numerous incidents of misconduct. 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 8 May 2019, and by a 5-0 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, valor, and a prior period of honorable service. 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 AR20170019047 1