1. Applicant's Name: a. Application Date: 4 December 2018 b. Date Received: 11 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, completed the first full term honorably, earning an AGCM. The applicant asks the Board to see the many years under the cloud of an under other than honorable conditions discharge as time served, debt paid and fully restore his honor. In a Travel Panel hearing conducted at San Antonio, TX on 17 September 2019, and by a 3-2 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: 11 December 2003 c. Separation Facts: Yes (1) Date Charges Were Preferred: 18 November 2003 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which shows on 18 November 2003, the applicant was charged with having knowledge of a lawful order issued by Second Lieutenant R.B., to not give IVs without authorization and to not put any types of foreign substance or medications in an IV, an order which it was his duty to obey, did fail to obey the same (18 October 2003); wrongfully and recklessly engage in conduct, in that he cut open the top of an IV bag and injected into said IV bag Mad Dog 20/20, a non-sterile alcoholic substance, while such IV bag was connected to Specialist J.C.W., conduct likely to cause death or serious bodily harm to Specialist W. (18 October 2003); and steal an IV bag, tubing, and a needle, military property, of some value, the property of the United States Government (18 October 2003). (3) Recommended Characterization: Applicant's chain of command recommended an Under Other Than Honorable Conditions. (4) Legal Consultation Date: 20 November 2003, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 December 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 July 1999 / 4 years / 20 May 2002 / 13 months extension and 11 September 2002 / 2 months extension / extension of service was at the request and for the convenience of the government. b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91W14, Medical Specialist / 4 years, 4 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea f. Awards and Decorations: AGCM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received a negative counseling statement, dated 19 October 2003, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; basic Emergency Medical Technician Certificate; Texas Commission on Fire Protection, Firefighter basic Certificate; San Antonio College, Regional Fire Academy Certificate of Achievement; two Texas Commission on Fire Protection, International Fire Service Accreditation Congress Seals; and a Paramedic certificate. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application since his separation, he has continued to proudly serve his country and community as a first responder for a decade. 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 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 the characterization of service from under other than honorable conditions to honorable. The applicant's record of service, the issues and documents submitted with 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 it did not support the issuance of an honorable or a general discharge by the separation authority at the time of separation. The applicant seeks relief contending, he completed his first full term honorably, earning an AGCM. 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 asks the Board to see the many years under the cloud of his under other than honorable conditions discharge as time served, debt paid and fully restore his honor. The US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application. 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): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at San Antonio, TX on 17 September 2019, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20190000104 3