1. Applicant’s Name: a. Application Date: 1 July 2015 b. Date Received: 9 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions to honorable. The applicant seeks relief contending, in effect, his discharged was completely unwarranted, undeserved, and that it was an organized assault on his character and career. The applicant states that another Soldier stabbed him in his right knee and as a result, he suffered damage to his knee. He could not meet the physical standards; therefore, he was disciplined time after time culminating into a series of unwarranted punishments. The applicant alleges that his unit was upset that he could not complete Ranger School due to his injuries; his unit had no room for Soldiers who could not complete Ranger School, even for medical reasons. In addition, his disability was not taken into consideration at the time of his discharge proceedings and he was never offered legal counsel for any of his punishments or informed of his rights as a Soldier. 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 / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 1 November 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 September 2002 (2) Basis for Separation: The applicant was informed of the following reasons: Disobeyed an NCO; Disrespected his NCOs on three different occasions; Failed to report on three occasions; and, Consumed alcohol during duty hours. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 2 October 2002 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 15 October 2002 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 September 1999 / 4 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 120 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B1P, Infantryman / 3 years, 1 month, and 12 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: ARCOM, NDSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Numerous DA Forms 4856 (Developmental Counseling), dated between 25 January 2001 and 23 June 2002, for disobeying a lawful order, failure to report, failure to follow instructions, disrespect toward a senior noncommissioned officer, disrespect toward an officer, intoxicated with alcohol while on duty, and for being late to extra duty. CG Article 15, dated 12 March 2001, for failing to go to his prescribed place of duty (25 January 2001). The punishment consisted of extra duty and restriction for 14 days. FG Article 15, dated 5 June 2001, for being disrespectful in language toward a noncommissioned officer (29 May 2002) and wrongfully consuming alcohol during duty hours (30 May 2002). The punishment consisted of a reduction to E-3, forfeiture of $692.00 pay per month for two months, and extra duty and restriction for 45 days. FG Article 15, dated 24 June 2002, for disobeying a lawful order (21 June 2002), treating a noncommissioned officer with contempt (21 June 2002), and for failing to go at the time prescribed to his appointed place of duty (o/a 22 June 2002 and 23 June 2002). The punishment consisted of a reduction to E-1, forfeiture of $522.00 pay per month for two months, and extra duty and restriction for 45 days. DA Forms 3822 (Report of Mental Status Evaluation), dated 16 September 2002, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 1 July 2015; DD Form 214; copy of separation packet; and copies of his military records. 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. The applicant’s record of service, the issues and documents submitted with his 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 contends that medical issues contributed to his discharge from the Army. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant contends that his command separated him because he could not finish Ranger School and that he was never provided an opportunity to have legal counsel. However, 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 AR20150011683 4