1. Applicant's Name: a. Application Date: 22 February 2018 b. Date Received: 26 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he told CID that he did most of the misconduct by himself, which was not true. The applicant states, he was covering for persons of higher rank, which all came out in federal court. The truth was he was involved, but most of the misconduct was done by others who held promotions, schools and open threats to hurt the applicant's family, if he did not obey. The applicant was demoted without a Board or knowledge and is currently barred from posts and unable to access records and benefits. 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 Alcohol Dependence and was a perpetrator of domestic violence in-service. Although the applicant is service connected for combat related PTSD, supporting documentation is poor. Irrespective, the VA service connected diagnosis of PTSD was considered. The applicant is 70% service connected for PTSD. The applicant has not been involved with behavioral health at the VA or in the community. While liberal consideration was applied, stealing and selling government property is not a natural progression or normal sequela of PTSD. Accordingly, the basis for separation is not mitigated. In a records review conducted at Arlington, VA on 27 January 2021, 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 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 31 October 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 August 2016 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully disposed of government property, namely an EOD Bomb Disposal Helmet, of a value of approximately $7,044.00 in addition to other government property of an unknown value. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 5 October 2016 (5) Administrative Separation Board: On 5 October 2016, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 19 October 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 February 2014 / 3 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 6 years, 19 days d. Prior Service / Characterizations: RA, 12 October 2010 - 6 February 2014 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (27 October 2014 - 16 April 2015) f. Awards and Decorations: ACM-2CS, ARCOM-2, AAM-2, AGCM-2, NDSM, GWOTSM, NCOPDR, ASR, MOVSM, NATOMDL g. Performance Ratings: 22 February 2014 - 21 February 2015 / Fully Capable 22 February 2015 - 21 February 2016 / Qualified h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 12 May 2016, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. CID Special Agent Memorandum For Record, dated 16 August 2016, reflects the applicant was involved in a large fencing ring where he sold multiple items of military equipment to civilians. In exchange for the stolen military equipment, the applicant received cash as compensation. The applicant acquired an EOD helmet from Afghanistan while deployed and sold the helmet to a civilian, who listed it on EBay. The EOD helmet has a demilitarization code of D, which means total destruction and is not allowed outside of DoD channels. The civilian was identified and interviewed. The civilian provided the helmet to CID Agents, and stated he would have the individual he purchased the helmet from contact CID. The applicant then contacted CID explaining that he brought the helmet back from Afghanistan. The applicant also provided information to CID that corroborated information gathered in several other larceny cases. Among other things, he admitted that he assisted in the removal of several generators, valued at approximately $30,000 each, from Fort Campbell, Kentucky, which were sold to civilians off post. Law Enforcement Report - Final, dated 18 May 2017, reflects law enforcement was notified that unauthorized EOD equipment was for sale online. The applicant was interviewed and admitted to stealing government equipment and selling it to Mr. [redacted]. While conducting investigative activity in LER 0581-15-CID033, it was determined that several Soldiers from A Co., 2-327th IN, 1 BCT, Fort Campbell were involved in a scheme to deprive the Government of equipment and subsequently sell the property. SSG [redacted] were identified as individuals who stole Government property and assisted in selling it to Mr. [redacted]. Assistant US Attorney, Nashville Tennessee, opined probable cause exists to believe the applicant, SGT [redacted] committed the offenses Wrongful Disposition of Government Property, Larceny of Government Property, and Conspiracy. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: 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 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 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 record confirms that 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. 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 contends that he was threatened by members of his chain of command if he did not obey and cover for them; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. Further, 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 applicant contends that an upgrade of his discharge would allow him access to veteran's benefits. However, eligibility for veteran's benefits 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 27 January 2021, 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 / 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 AR20180004583 4