1. Applicant's Name: a. Application Date: 27 April 2018 b. Date Received: 29 May 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, that the discharge was the result of being young and influenced by others, which the applicant has changed. The applicant has received a Bachelor's of Science, and is getting a Master's Degree in Healthcare Research & Policy. In a records review conducted at Arlington, VA on 6 November 2019, 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: 19 December 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 August 2006 (2) Basis for Separation: The applicant was informed of the following reasons: for committing aggravated robbery when him and three other Soldiers approached three civilians near the Manhattan baseball diamond park are and demanded money from the victims at gunpoint, stealing $5.00 in cash and departing from the scene on 1 April 2006. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 30 August 2006, the applicant request to appear before an administrative separation board. (5) Administrative Separation Board: On 29 November 2006, the administrative separation board convened. The board, having carefully considered evidence before it, found that the arrest by the Riley County Police department for aggravated robbery on 1 April 2006, in the notice of proposed separation was supported by a preponderance of the evidence. In view of the findings, the board recommended that the applicant be separated from the United States Army with an under other than honorable conditions characterization of service. (6) Separation Decision Date / Characterization: On 25 December 2006, the separation authority approved the findings and recommendation of the Administrative Separation Board and directed that the applicant be separated from the Army with a characterization of service of Under Other Than Honorable Conditions, under the provisions of AR 635-200, Chapter 14, Section III, Paragraph 14-12c, for commission of a serious offense. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 September 2005 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 85 c. Highest Grade Achieved / MOS / Total Service: E-2 / 88M10, Motor Transport Operator / 1 year, 3 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CID Action Report, dated 4 April 2006, which shows the applicant was the subject of investigation for aggravated robbery. i. Lost Time / Mode of Return: Civilian Confinement 8 days (3 April 2006 to 10 April 2006) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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 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 seeks relief contending that his discharge was the result of being young and influence by others which he has changed. He contends he has received his Bachelors of Science, and is getting his Master's Degree in Healthcare Research & Policy. The applicant's post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on his accomplishments. However, 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. It should be noted the applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 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 6 November 2019, 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 AR20180007292 1