1.	APPLICANT’S NAME:   

	a.	Application Date:  2 February 2015

	b.	Date Received:  2 February 2015

	c.	Counsel:  None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his discharge for the purpose of employment or enhancing employment opportunities.  He contends he has been an upstanding citizen and family man and his characterization hanging over his head has haunted him since the day it happened.  He strongly believes and others believe that his character is stronger than what his discharge has characterized him.  He has have not had a single speeding ticket nor had any problems with following the law.  His life has always been positive and he has always been a productive citizen of this country.  He contends his current discharge limits his ability to be what he wanted to be.  He can't get a steady job with the government nor can he get a well-paying job because most employers see his discharge as 'dishonorable'.  He feels strongly that his service to his great country was honorable.  

In a personal appearance conducted at Arlington, VA on 13 July 2015, and by an 5-0 vote, the Board determined the characterization of service was too harsh based on the circumstances surrounding the discharge i.e., at the time of discharge the applicant was suffering from numerous mental health conditions, including anxiety and adjustment disorder presented by the military defense counsel, an attempted suicide, and the applicant was repeatedly recommended for a medical discharge by a psychiatrist.  It is concluded that the medical conditions may have been a causative factor in the misconduct that led to the applicant’s discharge.  After carefully weighing that fact against the severity of the applicant's misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant's service to general, under honorable conditions.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.

	(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/Under Other Than Honorable Conditions

	b.	Date of Discharge:  6 August 2008

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  NIF

		(2)	Basis for Separation:  The applicant was informed of the following reasons:  Violation of Article 86 and 87, UCMJ, one specification each.

		(3)	Recommended Characterization:  NIF

		(4)	Legal Consultation Date:  28 March 2007

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  30 May 2007/Under Other Than Honorable Conditions

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  3 January 2006/4 years

	b.	Age at Enlistment/Education/GT Score:  19 years old/HS Graduate/89

	c.	Highest Grade Achieved/MOS/Total Service:  E-3/25U10, Sig Supt Sys Spec/2 years, 4 months, and 25 days
  
	d.	Prior Service/Characterizations:  None
  
	e.	Overseas Service/Combat Service:  None
  
	f.	Awards and Decorations:  NDSM, ASR
  
	g.	Performance Ratings:  None
  
	h.	Disciplinary Action(s)/Evidentiary Record:  Special Court-Martial Order, dated 30 May 2007, which shows the applicant, was found guilty of going AWOL 8 January 2007 until     5 February 2007 and missing movement between 9 January 2007 and 15 January 2007.  On 27 March 2007, the sentence was adjudged to reduce the applicant to the grade of E-1, confinement for 45 days, and to discharge him from the service with a bad-conduct discharge.  The finding of guilty was approved.  Only so much of the sentence as provides for reduction to the grade of E-1 and confinement for one (1) month was approved and would be executed.  The applicant's request for discharge pursuant to the provisions of Chapter 10, Army Regulation 635-200, was approved for the issuance of a discharge under other than honorable conditions.  The applicant was credited with 27 days confinement credit against the approved sentence to confinement as a result of pretrial confinement.

	i.	Lost Time:  The applicant’s record of service indicates 69 days of time lost; 27 days for going AWOL from 8 January 2007 until his return 4 February 2007 and 42 days for his confinement by military authority 27 February 2007 until his release on 10 April 2009.  The DD Form 214 under review also indicates 484 days of excess leave (070411-080806).
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  NIF

5.	APPLICANT-PROVIDED EVIDENCE:  Online application dated 2 February 2015

6.	POST SERVICE ACCOMPLISHMENTS:  None





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 ISSUE(S) AND RECOMMENDATION(S):  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  After examining the applicant’s record of service, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge for the following reasons; the circumstances surrounding the discharge, as noted in the defense counsel’s memorandum dated 21 May 2007, at the time of discharge the applicant was suffering from numerous mental conditions, including anxiety and adjustment disorder and the applicant was hospitalized for 30 days.  The applicant was repeatedly recommended for a medical discharge by a psychiatrist at Fort Benning, Georgia; however, his chain of command insisted he was fit to serve.

While the applicant's misconduct is not condoned, this recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 
In view of the foregoing, it appears the characterization of the discharge is now inequitable and therefore, the analyst recommends the Board grants partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the reason for the discharge was fully supported by the record and therefore remains both proper and equitable.
The applicant's request for an upgrade of his discharge to honorable was noted; however, 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 contends his current characterization of service limits his ability to get a steady/well-paying job.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
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.  Therefore, the reason for discharge being both proper and equitable, the analyst recommends the Board deny relief.


9.	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.	SPD/RE Code Change to:  No Change

	e.	Restoration to Grade:  NA





Authenticating Official:




COL, US ARMY
Presiding Officer
Army Discharge Review Board










Legend:
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	 	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20150002121

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