1. Applicant's Name: a. Application Date: 7 May 2018 b. Date Received: 11 May 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 did not present any issues of propriety or equity for the Board's consideration. 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 Anxiety Disorder. The applicant is not service-connected from the VA. 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 18 September 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: 26 May 2008 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 8 May 2008, the applicant was charged with: Charge I: Violation of Article 91, UCMJ: Specification 1: On or about 5 May 2008, the applicant was disrespectful in deportment toward SSG B. J.., a superior noncommissioned officer, then known by the said, the applicant to be a superior noncommissioned officer, who was then in the execution of his office, by becoming irate and yelling at SSG B. J. Specification 2: On or about 5 May 2008, the applicant was disrespectful in deportment toward SSG M. P., a superior noncommissioned officer, then known by the said, the applicant to be a superior noncommissioned officer, who was then in the execution of his office, by becoming irate and yelling at SSG M. P. Charge II: Violation of Article 86, UCMJ: Specification 1: The applicant did, at or near Fort Bragg, North Carolina, on or about 5 February 2008, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: 0630 Accountability Formation at building C3331. Specification 2: The applicant did, at or near Fort Bragg, North Carolina, on or about 6 February 2008, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: 0630 Accountability Formation at building C3331. Charge III: Violation of Article 108, UCMJ: The Specification: The applicant did, at or near Fort Bragg, North Carolina, on or about 5 May 2008, without proper authority, willfully damage by throwing down a hallway, a cement trash can, of a value under $500.00, military property of the United States. Charge IV: Violation of Article 134, UCMJ: The Specification: The applicant, having been restricted to the limits of the barracks, Battalion Soldier Service Center, religious facilities, Dinning Facility and medical facilities, by a person authorized to do so, did, at or near Fort Bragg, North Carolina, on or about 18 April 2008, break said restriction. Charge V: Violation of Article 92, UCMJ: The Specification: The applicant did, at or near Fort Bragg, North Carolina, on or about 18 April 2008, fail to a lawful general regulation, to wit: paragraph 4(a), 82nd Airborne Division Regulation 190-2, dated 5 Dec02, by wrongfully possessing an alcoholic beverage while under the age of 21. (2) Legal Consultation Date: 9 May 2008 (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: 16 May 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 June 2006 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 / GED / 117 c. Highest Grade Achieved / MOS / Total Service: E-2 / 88M10, Motor Transport Operator / 1 years, 10 months, 2 days / The applicant's DD Form 214, block 12e, Total Prior Inactive Service, appears to be in error, as his official service record reflects he only had 8 days of prior service in the ARNG. d. Prior Service / Characterizations: ARNG, 8 July 2005 - 15 July 2005 / UNC (Break in Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR / The applicant's service record reflects he was awarded the NDSM, however, the award is not reflected on his DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. FG Article 15, dated 28 March 2008, for being AWOL (between 4 December 2007 and 8 January 2008). The punishment consisted of a forfeiture of $670 pay per month for two months; and, extra duty and restriction for 45 days. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 4 December 2007; and, From "AWOL" to "PDY," effective 9 January 2008. i. Lost Time / Mode of Return: (AWOL, 4 December 2007 - 8 January 2008) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149. 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 did not present any issues of propriety or equity for the Board's consideration. The applicant's record of service and 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 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 18 September 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 AR20180007183 1