1. APPLICANT’S NAME: a. Application Date: 27 April 2015 b. Date Received: 21 May 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. The applicant states, in effect, he has been discharged for ten years and believes he is not the same person he was when he was in the military. He contends he has grown as a person and his military record does not reflect the person he truly was. He reviewed his records and noticed that some paperwork is still missing. In a records review conducted at Arlington, VA on 21 March 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: Misconduct (Serious Offense)/AR 635-200, Paragraph 14-12c/JKQ/RE-3/General, Under Honorable Conditions b. Date of Discharge: 8 March 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 February 2006 (2) Basis for Separation: The applicant was informed of the following reasons: without authority absent himself from his unit from 27 August 2004 until 29 August 2004; With intent to deceive signed an official document, to wit: DA Form 31 on 29 July 2004; Disobeyed a lawful order from 1SG P., a noncommissioned officer, to prove proof of purchasing an airline ticket on 1 September 2004; On several occasions without authority failed to go at the time prescribed to his appointed place of duty x6 (5 March 2005, 9 March 2005, 25 March 2005, 14 April 2005, 17 May 2005, and 9 July 2005); Wrongfully had sexual intercourse with A.A.K., a woman not his wife between 6 September 2005 and 6 November 2005; Assaulted T.H., by pushing her to the ground and punching her in the face with his fist on 6 November 2005; Disobeyed a lawful order from 1SG H., a noncommissioned officer, to clear his private rental housing as soon as possible to prevent incurring any more debt on 15 January 2006; and Disobeyed a lawful order from SSG K., a noncommissioned officer, to have his house cleaned and ready for turn-in on 1 February 2006 (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: The applicant’s election of rights document was signed but not dated (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 23 February 2006/General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 15 August 2002/3 years (Documents extending the applicants enlistment were not found in the available record) b. Age at Enlistment/Education/GT Score: 19 years/HS Graduate/91 c. Highest Grade Achieved/MOS/Total Service: E-4/63B10, Wheeled Vehicle Mechanic/3 years, 6 months, and 24 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Italy/None f. Awards and Decorations: JMUA, MUC, NDSM, GWOTEM, GWOTSM g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: The unit commander’s recommendation memorandum shows the applicant received two Articles 15: Article 15, imposed on 12 January 2005, for two violation of Article 86, Article 91, and 107. The punishment consisted of reduction to the rank of E-3, forfeiture of $349.00 pay (suspended) and extra duty and restriction for 14 days (suspended) (CG) Article 15, imposed on 14 December 2005, for one violation of Article 134, 128, and six violations of Article 86. The punishment consisted of reduction to the grade of E-1, forfeiture of $617.00 pay per month for two months, and 45 days of extra duty and restriction (FG) Several negative counseling statements dated between 14 September 2004 and 25 July 2005, for failing to return from leave on time twice, insubordinate conduct, failure to be at his appointed place of duty on several occasions, repayment of loan, and payment of gas bill, breaking a contract, and making false statements i. Lost Time: The applicant’s notification memorandum shows the applicant had a period of lost time; two days; 27 August 2004 until his return on 29 August 2004 j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: An online application. 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 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 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 requests an upgrade of his discharge from general, under honorable to honorable. The applicant’s record of service, the issues and the documents submitted with the application were carefully considered. The record confirms 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. 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 seeks relief contending, since his discharge he has grown as a person and his military record does not reflect the person he truly was. The applicant bears the burden of presumption through the presentation of substantial and credible evidence to support his contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention his record does not reflect the person he truly was. In fact, the applicant’s two Articles 15 and numerous negative counseling statements justify a pattern of misconduct. Furthermore, the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 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 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 Grade to: NA 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 AR20150009056 1