1. Applicant’s Name: a. Application Date: 7 November 2017 b. Date Received: 5 December 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 general (under honorable conditions). The applicant seeks relief contending, in effect, an upgrade would allow the applicant to refile disability compensation. The applicant never finished all of the appointments, when honorably discharged from the Marine Corps. 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 with depressed mood/with mixed disturbance of emotions and conduct, Alcohol Abuse, Alcohol Dependence, Interpersonal Relationship Problem, and Cannabis Abuse. The applicant is 30% service-connected from the VA. The applicant’s VA records only contain DoD content. In summary, the applicant does not have 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 28 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: 20 May 2016 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 30 March 2016, the applicant was charged with: Two specifications of violating Article 86, UCMJ, for being AWOL from 21 October 2015 to 29 October 2015; and, from 7 March 2016 to 29 March 2016, and Violating Article 112A, UCMJ, for wrongfully using marijuana between on or about 27 January 2016 and or about 26 February 2016. (2) Legal Consultation Date: 31 March 2016 (3) Basis for Separation: Pursuant to the applicant’s request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 24 May 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 May 2015 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 5 years, 10 months, 7 days d. Prior Service / Characterizations: USMC, 14 June 2010 – 15 June 2014 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (1 May 2012 – 22 September 2012; 2 October 2013 – 20 April 2014) f. Awards and Decorations: ACM-CS, NGCM, NDSM, GWOTSM, KDSM, ASR, USNSSDR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Seven Personnel Action forms, reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY)” to “Absent Without Leave (AWOL),” effective 21 October 2015; From “AWOL” to “PDY,” effective 29 October 2015; From “PDY” to “Dropped From Rolls (DFR),” effective 7 March 2016; From “PDY” to “AWOL,” effective 7 March 2016; From “AWOL” to “DFR,” effective 8 March 2016; From “DFR” to “Return to Military Control (RMC)”, effective 29 March 2016; and, From “RMC” to “PDY,” effective 29 March 2016. Electronic Copy of DD Form 2624, dated 10 March 2016, reflects the applicant tested positive for THC 50 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 26 February 2016. FG Article 15, dated 2 December 2016, for being AWOL (between 21 and 29 October 2015). The punishment consisted of a reduction to E-2; forfeiture of $867 pay per month for two months (suspended); extra duty for 45 days; and, oral reprimand. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 28 days AWOL, 21 October 2015 – 28 October 2015 / Returned to Military Control AWOL, 7 March 2016 – 28 March 2016 / Returned to Military Control j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; 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. 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 no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends that an upgrade of his discharge would allow veterans benefits. However, eligibility for veteran's benefits to include disability compensation, 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 28 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 AR20180000914 1