1. Applicant's Name: a. Application Date: 26 November 2017 b. Date Received: 10 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, the request for an upgrade is due to disability, unemployment ratings and claims, and being homeless. The applicant is unable to apply for health care benefits because of the discharge. In a records review conducted at Arlington, VA on 4 March 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 June 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 11 April 2008 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was convicted of assault on a female, domestic violence. (3) Recommended Characterization: The unit commander recommended a General (Under Honorable Conditions) discharge. The intermediate and senior intermediate commanders recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: 11 April 2008, applicant waived legal counsel. (5) Administrative Separation Board: Applicant unconditionally waived his right to appear before an administrative separation board. (6) Separation Decision Date / Characterization: 13 May 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: RA, 12 June 2007 / 6 years b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92S10, Shower, Laundry and Clothing Repair Specialist / 1 year, 8 months, 6 days d. Prior Service / Characterizations: RA, 6 May 2006 to 11 June 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq, specific dates are not in the file. f. Awards and Decorations: AAM, NDSM, ICM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 18 June 2007, for without authority, fail to go at the time prescribed to his appointed place of duty (9 June 2007); extra duty for 7 days. Positive urinalysis test coded IR (Inspection Unit), dated 29 October 2007, for THC. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: Civilian confinement x2 for 19 days, 1 October 2007 to 1 October 2007 for 1 day and 19 March 2008 to 7 April 2008 for 18 days; and AWOL for 121 days, 6 November 2007 to 6 March 2008; returned to unit. Total lost time 140 days. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); reenlistment contract (six pages); and a DD Form 214. 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 of 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, his request for an upgrade is due to disability, unemployment ratings and claims, and being homeless; and he is unable to apply for health care benefits because of his discharge. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include medical and 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. Additionally, 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 4 March 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 AR20180002629 4