1. Applicant's Name: a. Application Date: 22 January 2018 b. Date Received: January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from an under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, during a second enlistment, the applicant and spouse began experiencing marital, financial stressful times. The applicant was under a lot stress and made very bad, unthoughtful decisions. The applicant has matured in numerous areas of life. The applicant is evolving into a role model citizen in society. In a records review conducted at Arlington, VA on 13 April 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 18 February 2003 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 6 September 2002 (2) Basis for Separation: The applicant was informed of the following reasons for her discharge; she was convicted by a Summary Court-Martial of larceny, forgery, making a false sworn statement; failed to pay just debts; and disobeyed a lawful order. Also, she has numerous FTRs. (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: 25 September 2002, on 2 October 2002 and 6 October 2002, the applicant waived her right to counsel. (5) Administrative Separation Board: The applicant voluntarily waived consideration of her case by an administrative separation board contingent on receiving a characterization of service no less favorable than General (Under Honorable Conditions). On 24 October 2002, the separation approving authority disapproved the applicant's conditional waiver. Her request for personal appearance before an administrative separation board was approved. On 18 November 2002, the applicant was notified to appear before an administrative separation board and advised of his rights. On 8 January 2003, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant be separated from active Service with an under other than honorable conditions discharge. The separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 5 January 2003 / Under Other Than Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 December 1999 / 4 years b. Age at Enlistment / Education / GT Score: 24 years / HS Graduate / Under Other Than Honorable Conditions) c. Highest Grade Achieved / MOS / Total Service: E-4 / d. Prior Service / Characterizations: RA, 29 December 1994 to 23 December 1997 / HD RA, 24 December 1997 to 21 December 1999 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report, dated 28 March 2000, revealed the applicant was under investigation for conspiracy, false swearing, forgery, fraud and larceny of Government property. CID Report of Investigation-Final, dated 17 December 2000, revealed the applicant was tried by Summary Court-Martial and found guilty of all charges and specifications. Charge Sheet, dated 30 October 2000, shows that the applicant was charged forgery, larceny. CG Article 15, dated 9 July 2002, for having knowledge of a lawful order issued by the Fort Stewart Military Police, not to operate a vehicle on post while her driving privileges were suspended, an order which it was her duty to obey, did fail to obey the same (9 June 2002); and on a highway, operate a vehicle at a speed of 41 miles per hour, where a maximum speed limit of 30 miles per hour is declared by appropriate signs as reasonable and safe (9 June 2002); extra duty for 14 days. Report of Mental Status Evaluation, dated 18 July 2002, revealed the applicant had the mental capacity to understand and participate in the proceedings, was mentally responsible, and met the retention requirement of Chapter 3, AR 40-501. She presented a clear mental status and was psychiatrically cleared for any administrative action deemed appropriate by command. The applicant received a several counseling statement for various acts of misconduct; performance and being informed of pending separation action. i. Lost Time / Mode of Return: The applicant was confined by military authorities as a result her Summary Court-Martial; specific dates of confinement are not contained in the available record and neither is the court-martial. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); continuation of issues, handwritten (two pages); and two support statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in documents with her application she became a behavioral health specialist. She received certificate of training from previous jobs; work as a security officer; received a certified nursing certificate and completed 94 hours of college credits. 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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 (serious offense), the applicant diminished the quality of her 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, during her second she and her spouse began experiencing marital, financial stressful times; and she was under a lot stress and made very bad, unthoughtful decisions. The record of evidence does not demonstrate that she sought relief from stress through her command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center and other medical resources available to all Soldiers. The applicant further contends, she has matured in numerous areas of her life. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant also contends, she is evolving into a role model citizen in society. The applicant is to be commended for her effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant's post-service accomplishments have been noted as outlined in the documents with the application. 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 13 April 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 AR20180003483 1