1. APPLICANT’S NAME: a. Application Date: 22 May 2015 b. Date Received: 26 May 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant states, in effect, his discharge was inadequate because it was based on one single incident with no misconduct before or after the incident that cause his discharge. He contends he has taken full responsibility for his actions and has faced the full consequences by being discharged from the military and being punished in civilian courts. He finds it hard to apply for schools and work because of his discharge. He has provided character letters from members of his chain of command and counseling statements in support of his case. He believes he has paid very dearly for his mistake and would like to now get pass this with an opportunity of a second chance to move on in his life. In a personal appearance review conducted at Arlington, Virginia, on 8 February 2016, and by a 5-0 vote, the Board after carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, determined the characterization of service was too harsh based on the applicant’s length and quality of his service and his testimony, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (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: 21 July 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF / (Evidence in the record dated 15 April 2014, “Memorandum for Record” subject “Letter of Intent to Separate under Army Regulation 635-200” shows the applicant was being considered for separation under the provisions of Chapter 14-12c (commission of a serious offense), for his DUI on 12 April 2014. (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF / (Evidence in the documents submitted by the applicant shows the unit commander recommended the applicant be retained and not separated and the specific, factual reason for action recommended was on 12 April 2014, the applicant was driving while impaired) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date/Characterization: NIF / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 17 January 2012 / 4 years b. Age at Enlistment/Education/GT Score: 21 years / HS Graduate / 118 c. Highest Grade Achieved/MOS/Total Service: E-4 / 25U1P, Signal Support System Specialist / 2 years, 6 months, and 5 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: ARCOM, AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; enlisted record brief (ERB); counseling packet; character letters; and a copy of his DD Form 214 for the period of service under review. 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 general, under honorable conditions discharge to honorable. The applicant’s record of service, the documents and the issues 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, his discharge was based on one incident of misconduct. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends he has provided character letters from members of his chain of command and counseling statements in support of his case. He believes he has paid very dearly for his mistake and would like to now get pass this with an opportunity of a second chance to move on in his life. The applicant’s post-service accomplishments have been noted as outlined on the application and the applicant is to be commended for his efforts. The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. The applicant expressed his desire for an upgrade of his discharge for the purpose of also applying for school. 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. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Furthermore, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct (serious offense). The applicant’s generally good record of service and support of his chain of command was the basis for his receiving a GD instead of the normal UOTHC discharge. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: The applicant submitted no additional documents or contentions. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20150009239 1