1. Applicant's Name: a. Application Date: 28 June 2018 b. Date Received: 5 July 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, served honorably stateside and in Iraq for more than 13 years as reflected in a previous DD Form 214, which the applicant received after deployment. 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 PTSD. The applicant is 30% service-connected for PTSD from the VA. The VA has diagnosed the applicant with Major Depressive Disorder, Trauma and Other Stressor Related Disorder, PTSD, and Alcohol Use. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 29 January 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2B and 4-24A(1) / BNC / Under Other Than Honorable Conditions b. Date of Discharge: 24 September 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 May 2012 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provisions of AR 600-8-24, paragraphs 4-2b for misconduct, moral, or professional dereliction, conduct unbecoming of an officer, due to the following reasons: AR 600-8-24, paragraph 4-2b(5) (misconduct, moral professional dereliction. .acts of personal misconduct). Specifically, he participated in the sale and receipt of stolen U.S. Government property worth approximately $10 million. AR 600-8-24, paragraph 4-2b(8) (misconduct, moral or professional dereliction, or in the interests of national security - conduct unbecoming an officer). Specifically that the circumstances described above constitute conduct unbecoming an officer and gentlemen. (3) Board of Inquiry (BOI): Pursuant to the applicant's request for resignation in lieu of elimination proceedings under the provisions of AR 600-8-24, Chapter 4, the applicant waived his right to appear before a board of officers. (4) Legal Consultation Date: 30 May 2012, the applicant waived his rights to consult with a JAG officer. (5) GOSCA Recommendation Date / Characterization: On 27 June 2012, the GOSCA recommended separation of the applicant. / Under Other Than Honorable Conditions (6) DASA (Review Board): On 27 August 2012, the DASA (RB) accepted the applicant's resignation and directed his discharge with Under Other Than Honorable Conditions characterization of service. 4. SERVICE DETAILS: a. Date / Period of Appointment: 11 July 2007 / Indefinite b. Age at Appointment / Education: 28 / Bachelor's Degree c. Highest Grade Achieved / MOS / Total Service: WO2 / 920A, Property Accounting Technician / d. Prior Service / Characterizations: USAR, 4 June 1998 - 9 February 2003 / NIF ARNG, 10 February 2003 - 9 February 2004 / HD / (Concurrent Service) USAR, 10 February 2004 - 11 July 2005 / NIF AGR, 12 July 2005 - 15 July 2007 / HD e. Overseas Service / Combat Service: Hawaii / Iraq (10 February 2003 - 23 April 2004) f. Awards and Decorations: MSM, ARCOM-2, AAM-6, VUA-2, AGCM-2, NDSM, GWOTEM, GWOTSM, NCOPDR, OSR, AFRMMD, MOVSM, CAB g. Performance Ratings: 1 October 2007 - 30 September 2008 / Best Qualified 1 October 2008 - 30 September 2009 / Best Qualified 3 October 2009 - 2 October 2010 / Best Qualified 3 October 2010 - 2 October 2011 / Fully Qualified h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation - 2ND Status, dated 17 October 2011, reflects the US Army Reserve (USAR) Provost Marshal (PM), notified HQ USACIDC that the applicant (Title 10 AGR member), committed larceny and fraud. While conducting an end of year (fiscal) closeout of financial accounts, the G4, 79th SSC (USAR), discovered that unauthorized purchases were being made with the GSA Advantage System, utilizing the Department of Defense Activity Address Code (DODAAC) of the 311th ESC (USAR). After an audit of the accounts, it was discovered the applicant (while assigned to his current unit) made over $400k in fraudulent purchases of high-end engineer equipment, utilizing the DODAAC number of his former unit. Due to a lack of oversight, the 311th ESC, did not know that unauthorized purchases were being made against their DODAAC since January 2011. There were suspicions the applicant was making unauthorized purchases when assigned to the 311th ESC. When the applicant became aware that his former unit was investigating the questionable purchases, he contacted his former unit and denied making them. The applicant later contacted his former unit and offered to pay the money back and indicated he recently won over 1.5 million dollars in the lottery. Further checks revealed the unauthorized purchases were shipped to a warehouse near the applicant's home of record. Additionally, the phone number on the purchase orders linked the applicant. On 27 September 2011, the applicant requested to be released from Active Duty; however USAR HQ requested he remained on Activity Duty until CID investigation was complete. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 214; DD Form 293; three DA Forms 67-9. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "BNC" as the appropriate code to assign commissioned officers who request resignation in lieu of involuntary separation, under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his 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 29 January 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: 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 AR20180011045 1