1. Applicant’s Name: a. Application Date: 21 April 2015 b. Date Received: 25 August 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 needs an upgrade to be eligible for education benefits and have the chance to better himself. In a personal appearance hearing conducted at Arlington, VA on 23 May 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: 20 January 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 December 2010 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; being counseled on numerous occasions about his patterns of misconduct and being punished under Article 15 of the Uniform Code of Military Justice (UCMJ) on two separate occasions for his misconduct. His acts of misconduct range from failing to go to his appointed place of duty at the prescribed time on multiple occasions, violating a lawful order on two separate occasions and disobeying a noncommissioned officer. (3) Recommended Characterization: General (Under Honorable Conditions) Discharge (4) Legal Consultation Date: 4 January 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 4 January 2011 / General (Under Honorable Conditions) Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 30 December 2008 / 3 years and 22 weeks b. Age at Enlistment/Education/GT Score: 20 years / HS Graduate / 95 c. Highest Grade Achieved/MOS/Total Service: PV2 / E-2 / 74D10, Chemical Operations Specialist / 2 years and 21 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 13 January 2009, for wrongfully violating K.S.A. 8-1599, by transporting liquor in an open container (5 December 2009); extra duty for 14 days. Military Police Report, dated 5 December 2009, Military Police Report, dated 5 December 2009, indicates the applicant was under investigation for transporting an open container of alcohol, and drinking underage without permission, on post. Military Police Report, dated 14 March 2010 Military Police Report, shows the applicant was under investigation for wrongfully using a controlled substance, on post. FG Article 15, dated 5 October 2010, for being disrespectful in language toward Sergeant B.J. K., a noncommissioned officer, then known by him to be a noncommissioned officer (28 August 2010); wrongfully use provoking words, to wit; "why don't you shut your f_ _ _ _ _ _ ears or come out here and do something," or words to that effect and gestures, to wit: arguing chest to chest, and hitting him in the head with the brim of your hat, towards Sergeant B.J.K. (28 August 2010); and assaulting Sergeant B.J.K. (28 August 2010); reduction to PVT / E-1, forfeiture of $723 pay for two months, and extra duty for 45 days. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 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 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 14-12b 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 his general (under honorable conditions) discharge 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. 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. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities 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 ACTION DIRECTED: a. Issue a New DD-214: 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: NA 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 AR20150014460 4