1. Applicant’s Name: a. Application Date: 30 May 2015 b. Date Received: 15 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he was discharged before the court findings were finished, which resulted in the DUI being approved for deferment and approved and the remaining charges were dropped. In a records review conducted at Arlington, VA on 26 August 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: 24 January 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 December 2013 (2) Basis for Separation: The applicant was informed of the following reasons: failed to show up for accountability formation (13 April 2013 and 13 June 2013); and, wrongfully driving under the influence of alcohol (5 July 2013). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 12 December 2013 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 9 January 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 7 March 2013 / 6 years b. Age at Enlistment/Education/GT Score: 35 / GED / 94 c. Highest Grade Achieved/MOS/Total Service: E-4 / 19K10, M1 Armor Crewman / 2 years, 11 months, and 17 days d. Prior Service/Characterizations: RA, 24 January 2005 – 28 February 2005 / UNC (Break in Service) RA, 15 March 2011 – 6 March 2013 / HD e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, GWTSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Military Police Report, dated 7 July 2013, reflects the applicant was the subject of an investigation for domestic battery, driving under the influence of alcohol or drugs, and transporting an open container of liquor General Officer Memorandum of Reprimand, dated 6 August 2013, reflects the applicant was reprimanded for driving under the influence of alcohol on 5 July 2013, with a breath alcohol content of .097. DA Forms 4856 (Developmental Counseling), dated between 8 July 2013 and 14 November 2013, for missing formation, being detained by the Geary Count Detention Center for driving under the influence, open container, and domestic battery, and pending separation under the provisions of Chapter 14-12b. DA Form 3822 (Report of Mental Status Evaluation), dated 29 August 2013, reflects the applicant was administratively cleared for Chapter 14-12b action. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, dated 30 May 2015, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 FACT(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 reviewed. 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. 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 should be upgrade because the DUI charges were approved for deferment and the remaining charges were dropped. The applicant contention were noted; however, evidence in the record shows the applicant was detained by civilian authority for domestic battery, driving under the influence of alcohol or drugs, and transporting an open container of liquor. Although charges may have been sent for deferment and dropped by civilian authority, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial. 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 DETERMINATION: In a records review conducted at Arlington, VA on 26 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. 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 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 AR20150010655 1