1. Applicant’s Name: a. Application Date: 25 March 2015 b. Date Received: 10 August 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general, under honorable conditions to honorable. The applicant seeks relief contending, in effect, he was going through a divorce and personal hardship at the time of discharge. In a records review conducted at Arlington, VA on 28 September 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 6 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 March 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; Failing to follow a direct order from a noncommissioned officer (9 January 2014); and Failing to report on divers occasions between (26 December 2013 and 21 February 2014). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 27 March 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 15 April 2014 4. SERVICE DETAILS: a. Date/Period of Enlistment: 12 October 2012 / 4 years b. Age at Enlistment/Education/GT Score: 22 years / HS Graduate / 95 c. Highest Grade Achieved/MOS/Total Service: E-4 / 91F10, Small Arms/Artillery Repairer / 4 years, 7 months, 28 days d. Prior Service/Characterizations: RA (9 September 2009-11 October 2012) / HD e. Overseas Service/Combat Service: Korea f. Awards and Decorations: AAM, AGCM, NDSM, GWTSM, KDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 24 February 2015, for without authority, failing to go at the time prescribed to his appointed place of duty (2 January 2014); having received a lawful order from Staff Sergeant W.T., a noncommissioned officer, then known by him to be a noncommissioned officer, to arrive at accountability formation ten minutes early, an order which it was his duty to obey, did willfully disobey the same x2 (9 January 2014 and 13 January 2014); reduction to PFC / E-3; forfeiture of $474 pay (suspended), extra duty and restriction 14 days (both suspended). DA Form 3822 (Report of Mental Status Evaluation), dated 26 March 2014, indicates the applicant had an Axis I diagnosis of other specified family circumstances. He declined any further services from ABH at this time. He was screened for PTSD and mTBI in accordance with OTSG/MEDCOM policy memo 10-040 (findings were negative). He met medical retention requirements in accordance with AR40-501 and was therefore cleared for administrative separation under Chapter 14-12b. The applicant received several negative counseling statements for failing to report. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general, under honorable conditions to honorable. The applicant’s record of service, and the issues submitted with his application were carefully reviewed. 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance, such that he should have been retained on active duty. The applicant seeks relief contending, in effect, he was going through a divorce and personal hardship at the time of discharge. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other resources available to all Soldiers. 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 28 September 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013398 1