1. APPLICANT’S NAME: a. Application Date: 6 June 2014 b. Date Received: 12 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade to honorable, which would allow him to receive his educational benefits. In a records review conducted at Arlington, VA on 29 July 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 16 September 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 August 2013 (2) Basis for Separation: The applicant was informed of the following reasons: * On 2 June 2013, being apprehended by a civilian police for an incident between him and his wife. * On 5 June 2013, being issued a military protective order by LTC R and violating the order the same day by going to his off-post residence, and making a false official statement concerning the violation. * On 9 July 2013, pleading guilty and being found guilty in a civilian court of domestic abuse and his conviction was a violation of the Lautenberg Amendment. (3) Recommended Characterization: GD (4) Legal Consultation Date: 23 August 2013 (5) Administrative Separation Board: Conditionally waived for no less than a GD (6) Separation Decision Date/Characterization: 3 September 2013 / GD 4. SERVICE DETAILS: a. Date/Period of Enlistment: 18 October 2011, 4 years b. Age at Enlistment/Education/GT Score: 24 / Associate’s Degree / 90 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92Y10, Unit Supply Specialist / 8 years and 22 days d. Prior Service/Characterizations: RA (25 August 2005-28 February 2008) / HD RA (29 February 2008-17 October 2011) / HD e. Overseas Service/Combat Service: SWA / Afghanistan x 2 (8 February 2011-28 January 2012) and (17 December 2008-5 December 2009) f. Awards and Decorations: ARCOM-3; AGCM; NDSM; ACM-2CS-2; GWOTSM; ASR; OSR-2; NATO MDL; MUC g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: * Negative counseling statements for failing record APFTs, being unreliable, substandard performance, not being at his appointed place of duty at the prescribed time; and being reported for domestic violence. * FG Article 15, dated 14 June 2013, for disobeying a superior commissioned officer and making a false official statement on 5 June 2013. The punishment consisted of a reduction to E-3, forfeiture of $1,007 (suspended), 30-day extra duty, and 30-day restriction (suspended); and * Civilian court documents, dated 9 July 2013. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and discharge orders for service under current review and a statement from his spouse. 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 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF ISSUE(S): The applicant seeks relief contending he would like to return to school and does not have the benefits for school. The record confirms that the applicant’s discharge was appropriate because 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. By the serious incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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. He should contact a local office of the Department of Veterans Affairs for further assistance. In view of the foregoing, the applicant’s 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 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 SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge 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 IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140010478 1