1.	APPLICANT’S NAME:      

	a.	Application Date:  23 December 2014

	b.	Date Received:      5 February 2015

	c.	Counsel:                 None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his under other than honorable conditions discharge to honorable.  The applicant states, in effect, it is very difficult to obtain a good paying job that will pay for him to receive the best medical treatment from doctors that understand his PTSD condition.  He still has dreams and medical issues.  He is a single parent and finds it very difficult to maintain a household and give his son the best care possible.  A records review was conducted on 3 October 2012.  In a personal appearance conducted at Arlington, Virginia, on 24 August 2015, and by a 5-0 vote, the Board denied the request 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:  3 November 2010

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  25 October 2010, the applicant requested discharge in lieu of trial by court-martial.

		(2)	Basis for Separation:  The record does not contain the DD Form 458 (Charge Sheet); however, the applicant’s request for discharge shows he was charged with violation of Article 81, conspiracy, Article 122, robbery and Article 128, assault.

		(3)	Recommended Characterization:  UOTHC

		(4)	Legal Consultation Date:  25 October 2010

		(5)	Administrative Separation Board:  NA

		(6)	Separation Decision Date/Characterization:  27 October 2010/Under Other Than Honorable Conditions

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  8 December 2005/6 years

	b.	Age at Enlistment/Education/GT Score:  20 years/HS Graduate/104

	c.	Highest Grade Achieved/MOS/Total Service:  SGT/E-5/13B20, Cannon Crewmember/6 years, 9 months and 20 days
  
	d.	Prior Service/Characterizations:  RA-14 April 2004-7 December 2005/HD
  
	e.	Overseas Service/Combat Service:  Hawaii/SWA/Iraq x 2/1 February 2005-1 January 2006 and 10 December 2007-23 February 2009
  
	f.	Awards and Decorations:  ARCOM-2, NDSM, ICM-2CS, GWOTSM, ASR, OSR
  
	g.	Performance Ratings:  A marginal NCOER covering the period from 1 July 2006 thru 15 December 2006; and two successful NCOERs covering the periods from 1 November 2007 thru 16 August 2010
  
      h.   Disciplinary Action(s)/Evidentiary Record:  FG Article 15 dated, 15 December 2006, for orally communicating to SPC A.D.D. certain indecent language on 25 November 2006.  The punishment imposed was a reduction to SPC/E-4, and forfeiture of $874 pay for two months (suspended).

The applicant received two negative counseling statements for making unprofessional and inappropriate comments to female students while attending the Warrior Leaders Course.

	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  None

5.	APPLICANT-PROVIDED EVIDENCE:  A DD Form 293, and six character reference statements.

6.	POST SERVICE ACCOMPLISHMENTS:  None submitted by the applicant.

7.  REGULATORY CITATION(S):  Chapter 10 outlines procedures for separating a Soldier in lieu of trial by court-martial.  Paragraph 10-1 states a Soldier who has committed an offense or offenses, the punishment of which under the UCMJ and the Manual for Courts-Martial includes a bad conduct or dishonorable discharge, may submit a request for discharge in lieu of trial by court-martial.  It also allows for such a request to be submitted after court-martial charges are preferred or where required after referral, until final action by the court-martial convening authority; or when a Soldier is under a suspended sentence of a punitive discharge.  The request does not prevent or suspend disciplinary proceedings.

Paragraph 10-8 states a discharge under other than honorable conditions is normally appropriate for a Soldier who is discharged in lieu of trial by court-martial; however, a general discharge may be directed if merited by the Soldier’s overall record during the current enlistment.

8.	DISCUSSION OF ISSUE(S):  The applicant seeks relief contending, it is very difficult to obtain a good paying job to receive the best medical treatment.  He still has dreams and medical issues and a Post-Traumatic Stress Disorder (PTSD) condition.

The applicant requests an upgrade of the characterization of his discharge. 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.  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 several acts of significant achievement and valor; however, it did not support the issuance of an honorable or a general discharge by the separation authority.

The applicant contends it is very difficult to obtain a good paying job to receive the best medical treatment.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
Eligibility for veteran's medical benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

The applicant further contends he still has dreams and medical issues and a Post-Traumatic Stress Disorder (PTSD) condition.  The service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.

The third party statements provided with the application speak highly of the applicant’s performance.  They all recognize his good conduct after leaving the Army; 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 discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process.



9.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  		No
	
	b.	Change characterization to:  	No Change

	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

AR20150002148

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