1. Applicant's Name: a. Application Date: 4 May 2018 b. Date Received: 7 May 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the applicant was an exemplary officer with an impeccable record. The applicant made an unfortunate decision, which was completely out of character. The applicant paid the ultimate price of not being able to do what the applicant's passion, and that is, to serve in the Army. The applicant has since been an upstanding citizen. The applicant has gone out of the way with giving back to the communities and has been involved in and volunteers at numerous rehabilitation centers. The applicant has reached out to those who are afflicted with drug or alcohol dependency addictions. In a personal appearance hearing conducted at San Antonio, TX on 8 November 2018, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service and post-service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: In Lieu of Trial by Court-Martial / AR 600-8-24, Paragraph 3-13 / DFS / NA / Under Other Than Honorable Conditions b. Date of Discharge: 31 July 2011 c. Separation Facts: (1) DD Form 458, Charge Sheet: On 23 September 2010, the applicant was charged with the following and was convicted by a general court-martial (on 24 and 25 January 2011), and received a sentence of a dismissal and a reprimand: Charge: Violation of Article 112a, UCMJ, for wrongfully using cocaine between 10 August 2010 and 17 August 2010. (2) Basis for Separation: Pursuant to applicant's request for discharge under the provisions of Chapter 3, AR 600-8-24, Resignation for the Good of the Service in lieu of Trial by General Court-Martial. (3) Recommended Characterization: Under Other Honorable Conditions discharge (4) Legal Consultation Date: 25 May 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: On 13 July 2011, the Deputy Assistant Secretary of the Army (Review Boards) accepted and approved the resignation for the good of the service in lieu of trial by a general court-martial / Under Other Than Honorable Conditions. 4. SERVICE DETAILS: a. Date / Period Appointment: 29 January 2009 (OCS Appointment) / 3 years (OBV: 29 January 2012) b. Age at Appointment / Education / GT Score: 30 / Bachelor's Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-2 / 11A Infantry / 2 years, 11 months, 19 days d. Prior Service / Characterizations: RA (12 August 2008 to 28 January 2009) / HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: ARCOM; AAM; NDSM; GWOTSM; ASR g. Performance Ratings: Two OERS: 26 June 2009 thru 25 June 2010, Outstanding Performance, Must Promote 25 June 2010 to 8 February 2011, RFC, Unsatisfactory Performance, Do Not Promote h. Disciplinary Action(s) / Evidentiary Record: Charge Sheet and Report of Results of Trial described at the preceding paragraph 3c(1). Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 4 May 2018; DD Form 214; applicant-authored statement; and four character reference statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, and as confirmed by his documentary evidence, since his discharge, he has since been an upstanding citizen; he has gone out of his way with giving back to the communities; he has been involved with and volunteers at numerous rehabilitation centers; and he reaches out to those who are afflicted with drug or alcohol dependency addictions. 7. REGULATORY CITATION(S): Army Regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officers. Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "DFS" as the appropriate code to assign officers who are discharged under the provisions of AR 600-8-24, Chapter 3, paragraph 3-13, for "In Lieu of Trial by Court-Martial." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant's available record of service and the issues and documents submitted with his application were carefully reviewed. The record indicates the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge. The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3, AR 600-8-24. The appropriate authority approved the applicant's request and issuance of an under other than honorable conditions characterization of service. The record confirms that by the misconduct, the applicant diminished the overall quality of his service below that meriting an honorable. In consideration of the applicant's service accomplishments and quality of his service prior to the incident of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The third party statements provided with the application speak highly of the applicant's performance and character. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at San Antonio, TX on 8 November 2018, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service and post-service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20180007295 4