1. Applicant's Name: a. Application Date: 13 January 2020 b. Date Received: 24 June 2020 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 seeks relief contending, in effect, due to another Soldier's actions and his lack of knowledge of the situation, the applicant made the decision to separate from the United States Army in lieu of court-martial. In 2018, the applicant met SGT S. while he was assigned to range control, who had been working there for approximately two weeks. The two engaged in occasional small talk and during one of their conversations, SGT S. told the applicant he had been under Investigation for drugs, gang activity, robbery, and shootouts. The applicant was uninterested in that type of behavior, so he disregarded the entire conversation. This continued for a few weeks, when SGT S. asked the applicant to come to his house to play basketball. When the applicant arrived, SGT S. proceeded outside and entered the applicant's car where he asked the applicant to take him to the bank. Once they arrived at the bank, SGT S. asked the applicant if he had checks and then grabbed the checks from the backseat and proceeded to cash the check and handed the applicant some money. The applicant asked him "how were you able to get this money?'', but he never replied. A few hours later, the applicant received a call from the Navy Federal representative asking if he was the applicant. The applicant responded yes and the representative then explained to him that he may not know what was going on, but SGT S. knows exactly what he is doing and that he was being investigated. The Navy Federal representative explained that the applicant needed to return any money as soon as possible, to avoid facing any potential charges. Once she explained the situation, the applicant immediately returned the money, and informed his chain of command of the entire situation. The applicant's separation from the Army was unforeseen and something he was not prepared for. The applicant had recently reenlisted for three years to continue his career. The applicant's immediate removal from the Army has caused a substantial hardship for him as all forms of income were immediately taken away and he was left unable to support himself. The applicant was repeatedly told by his supervisors that he would not be reprimanded or receive any punishment because he did the right thing. The applicant states, he had never been in any kind of trouble, military or civilian, never received any negative counseling or NCOERs, and received two Army Good Conduct medals. The applicant had recently received a Top Secret/Sensitive Compartmentalized Information clearance and was excited to continue to serve his country. The applicant's dream was to retire from the Army a highly decorated Soldier that was the epitome of what the military stood for. The applicant took his oath very seriously and worked hard to carry himself in a manner that would never dishonor the Army. The applicant was and is proud to have been a Soldier in the US Army. The applicant states, he served two honorable terms of enlistment before the incident. 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 Adjustment Disorder with depressed mood/with mixed anxiety and depressed mood; Sleep Disorder, unspecified. The applicant is 100% service connected, 50% for PTSD. 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 30 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: 29 August 2019 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: 17 May 2019 (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 August 2019 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 February 2018 / 3 years b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92F10, Petroleum Supply Specialist / 7 years, 11 months, 11 days d. Prior Service / Characterizations: RA, 19 September 2011 - 6 December 2015 / HD RA, 7 December 2015 - 12 February 2018 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (30 November 2012 - 13 June 2013) f. Awards and Decorations: ARCOM, AAM-3, MUC, AGCM-2, NDSM, GWOTSM, ACM- CS, NCOPDR, ASR, NATOMDL g. Performance Ratings: 1 April 2018 - 31 March 2019 / Qualified h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; self-authored statement; nine character reference statements; Enlisted Record Brief; three DA Forms 2166-8-1; three DD Forms 4; DA Form 3286; two DA Forms 3340; Recommendation for Chapter 10. 6. POST SERVICE ACCOMPLISHMENTS: The applicant provided evidence that he has obtained employment with the U.S. Postal Service. 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'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 did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good 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. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization 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 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 30 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 AR20200006307 1