1. Applicant's Name: a. Application Date: 30 January 2018 b. Date Received: 27 February 2018 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, as a Soldier who served active duty form October 2007 to December 2014. The applicant believes the characterization should be upgraded because the applicant served the country, unit, Soldiers and family to the best of ability. The applicant states, service records reflect all accomplishments. In a records review conducted at Arlington, VA on 12 August 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: In Lieu of Trial by Court-Martial / AR 635- 200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 3 December 2014 c. Separation Facts: (1) DD Form 458 (Charge Sheet): The applicant's service record is void of the preferred charge sheet. However, the record contains Special Court-Martial Order Number19, dated 19 November 2014, which reflects: Charge I: Violation Article 85, UCMJ. Plea: Not Guilty, but Guilty of violation of Article 86. Charge II: Violation Article 86, UCMJ. Guilty, consistent with the plea. Charge III: Violation Article 108, UCMJ. Not Guilty, consistent with the plea. Charge IV: Violation Article 121, UCMJ. Not Guilty, consistent with the plea. Sentence: On 3 September 2013, the sentence was adjudged. To be confined for one hundred and twenty days; and to be discharged from the service with a Bad Conduct Discharge. On 19 November 2014, the findings of guilty were approved and on so much of the sentence as provides for 120 days confinement was approved and would be executed. The applicant's request for discharge pursuant to the provisions of Chapter 10, was approved with issuance of a Under Other Than Honorable Conditions discharge. (2) Legal Consultation Date: NIF (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: 19 November 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 March 2009 / 6 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 12 years, 4 months, 9 days d. Prior Service / Characterizations: USAR, 31 January 2002 - 24 October 2007 / HD RA, 25 October 2007 - 24 March 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (28 January 2008 - 28 April 2009) f. Awards and Decorations: ARCOM-2, AAM, JMUA, AGCM, NDSM, GWOTSM, ICM- CS, NCOPDR, ASR, OSR, MOVSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial Order as described in previous paragraph 3c. Eight Personnel Action forms, reflect the applicant's duty status changed as follows: From "Emergency Leave" to "Absent Without Leave (AWOL)," effective 21 June 2012; From "AWOL" to "Dropped From Rolls (DFR)," effective 21 July 2012; From "DFR" to "Returned to Military Control," effective 29 November 2012; From "Present for Duty (PDY)" to "AWOL," effective 20 May 2013; From "AWOL" to "DFR," effective 21 May 2013; From "DFR," to "Confined by Civil Authorities (CCA)," effective 5 June 2013; From "CCA" to "PDY," effective 5 June 2013; and, From "PDY" to "Confined by Military Authorities (CMA)" effective 6 June 2013. i. Lost Time / Mode of Return: 176 Days AWOL, 21 June 2012 - 28 November 2012 / Surrendered to Military Control AWOL, 20 May 2013 - 5 June 2013 / Apprehended by Civil Authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None 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 her under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with her 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 she indicated she understood she 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. Her 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 she had good service which included a combat tour. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. 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 12 August 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 AR20180003851 1