AR20160000347

1. Applicants Name:
a. Application Date: 18 November 2015

b. Date Received: 27 November 2015

c. Counsel: None

2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, his discharge was based on false documentation. He accidentally mailed home a piece of equipment valued at $17,000. He informed his chain of command regarding the incident and alleges he was told not to worry about it. He desires to receive VA benefits and would like to reenlist. A prior record review was conducted on 26 October 2012.

In a personal appearance hearing conducted at Arlington, VA on 20 June 2016, 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: 6 June 2011

c. Separation Facts:

(1) Date Charges Were Preferred: 6 May 2010

(2) Basis for Separation: The evidence of record contains a DD Form 458 (Charge Sheet), which indicates on 6 May 2010, the applicant was charged with stealing military property, a fiber optic conductor splicer (FOCS), of a value of over $500 x2, the property of the US Government both incidents were on (15 March 2011)

(3) Recommended Characterization: Under Other Than Honorable Conditions Discharge

(4) Legal Consultation Date: 10 May 2011

(5) Administrative Separation Board: NA

(6) Separation Decision Date/Characterization: 22 May 2011 / the applicant was reduced to the lowest enlisted grade.

4. SERVICE DETAILS:

a. Date/Period of Enlistment: 26 September 2010 / OAD / NIF

b. Age at Enlistment/Education/GT Score: 19 years / GED Certificate / 91

c. Highest Grade Achieved/MOS/Total Service: SPC / E-4 / 25B10, Information Technology Specialist / 4 years, 11 months and 26 days

d. Prior Service/Characterizations: ARNG (30 June 2006-13 September 2006) / NA
IADT (14 September 2006-16 May 2007) / HD
ARNG (17 May 2007-25 September 2007) / NA
(Concurrent Service)

e. Overseas Service/Combat Service: SWA / Iraq (8 December 2012-26 May 2011)

f. Awards and Decorations: AAM, NDSM, GWOTSM, AFRM-W/M DEV, ASR, ARCOTR

g. Performance Ratings: NA

h. Disciplinary Action(s)/Evidentiary Record: CID Report of Investigation, dated
21 April 2011, indicates the applicant was under investigation for stealing government property.

i. Lost Time: None

j. Diagnosed PTSD/TBI/Behavioral Health: None

5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages); and a DD Form 293, dated 24 November 2015.

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

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, 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 individuals 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 his under other than honorable conditions discharge to honorable. The applicants record of service, and 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 no acts of significant achievement or valor and did not support the issuance of a general, under honorable conditions or an honorable discharge by the separation authority at the time of his discharge.

The applicant seeks relief contending, his discharge was based on false documentation. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged.

The applicant further contends, he accidentally mailed home a piece of equipment valued at $17,000. The evidence of record shows the applicant admitted in a sworn statement his name had been mentioned in property being missing or stolen. Since he was being accused of stealing he may as well take something. Special agent (SA) M indicated in his report that the applicant was upset about the way he was treated by his leaders and took the FOCS out of spite.

The applicant also contends, he informed his chain of command regarding the incident and he alleges he was told not to worry about it. The applicant was charged with larceny of government property valued at $17,000; the record of evidence shows the commander related no one would be allowed to go on leave until the two FOCSs were returned. It is unlikely he was told not to worry about it.

The applicant desires to receive VA benefits and would like to reenlist. Eligibility for veteran’s 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.

At the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment.

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 no additional documents or contentions.

b. Witness: Yes

10. BOARD DETERMINATION:

In a personal appearance hearing conducted at Arlington, VA on 20 June 2016, and by a 5-0 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: No

b. Change Characterization to: No Change

c. Change Reason to: No Change

d. Change SPD/RE Code to: No Change

e. Restore (Restoration of) Grade to: 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
BH Behavioral Health HD – Honorable Discharge OAD – Ordered to Active Duty SPD – Separation Program Designator
CG – Company Grade Article 15 IADT – Initial Active Duty Training OMPF – Official Military Personnel File TBI Traumatic Brain Injury
CID – Criminal Investigation Division MP Military Police PTSD Post-Traumatic Stress Disorder UNC – Uncharacterized Discharge
ELS Entry Level Status MST Military Sexual Trauma RE – Reentry UOTHC – Under Other Than Honorable Conditions
FG – Field Grade Article 15

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE
AR20160000347

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