1. Applicant’s Name: a. Application Date: 15 June 2015 b. Date Received: 18 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 had turned in his divorce decree on time and did take the proper punishment. After he turned his information into the proper channels and his wife turned in the birth certificates, he later found out the child was not his. Further, his wife had forged the names on his checks without him knowing. He has not been in any trouble since the incident. In a records review conducted at Arlington, VA on 5 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 / Chapter 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 9 January 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 July 2012 (2) Basis for Separation: The applicant stole about $6157.00 of government funds and was charged with two counts of assault in the fourth degree. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 30 July 2012 (5) Administrative Separation Board: On 25 July 2012, the applicant was notified that the intermediate commander recommended he be separated with an other than honorable discharge. On 13 July 2012, the appointing authority directed that an administrative separation board be convened. On 30 July 2012, the applicant conditionally waived his right to appear before the board, contingent upon him receiving a characterization of no less than a general, under honorable conditions. On 4 October 2012, the board convened and found the applicant did commit a serious offense and recommended the applicant be separated from military service with a general, under honorable conditions discharge. (6) Separation Decision Date/Characterization: 13 December 2012 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 16 April 2008 / 6 years and 20 weeks b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92G10, Food Service Operation / 4 years, 8 months, and 24 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Alaska, SWA / Iraq (11 September 2009 - 15 August 2010) (Note: The DD Form 214, block 18, erroneously reflects the applicant served in Afghanistan instead of Iraq.) f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, GWTSM, ICM CS, ASR, OSR-2 g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 18 May 2012, for stealing government funds of a value of $6157.00 (on or about 1 August 2011 and 31 December 2011). The punishment consisted of a reduction to E-1, forfeiture of $745.00 pay per month for two months, extra duty for 45 days, and restriction for 60 days. DA Form 3822 (Report of Mental Status Evaluation), dated 3 July 2012, 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 149, dated 15 June 2015, and a DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 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 rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 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 5 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: b. Change Characterization to: c. Change Reason to: d. Change SPD/RE Code to: e. Restore (Restoration of) Grade to: 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 AR20150010778 1