1. Applicant’s Name: a. Application Date: 9 October 2015 b. Date Received: 22 October 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 a young and dumb adolescent that regrets ever being an idiot in the military. He has a family and a residence established for ten years and would like to better his life and provide for his family. The applicant requires an upgrade of his discharge to receive the Post 9/11 G.I. Bill. He tried getting a regular 9 to 5 job, but the results have proven to be unsuccessful. In a personal appearance hearing conducted at Arlington, VA on 5 December 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 28, contains the erroneous narrative reason for separation of misconduct. In view of the error, the Board directed an administrative correction to block 28, narrative reason for separation to read "Pattern of Misconduct,” as approved by the separation authority. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 April 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 February 2005 (2) Basis for Separation: The applicant was informed of the following reasons: his inability to maintain financial stability; disobeyed lawful orders by superior commissioned officers; AWOL for three days; and, multiple failures to repair. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 March 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 June 2003 / 3 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 7 months, 9 days d. Prior Service / Characterizations: USAR, 19 September 2002 to 24 June 2003 / NA e. Overseas Service / Combat Service: Alaska f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 24 September 2004, for being AWOL (3 August 2004 to 6 August 2004), being indebted to various restaurants in the sum of $1,283.95 for non-sufficient funds, which amount became due and payable on 12 May 2004, did dishonorably fail to pay said debt from (12 March 2004 to 16 May 2004); being indebted to Consumer Adjustment Corporation in the sum of $1,526.32 for non-payment, which amount became due and payable on 23 March 2004, did dishonorably fail to pay said debt from (23 March 2004 to 23 July 2004), and disobeyed a lawful command given by a superior commissioned officer (12 June 2004). The punishment consisted of a reduction to E-1, forfeiture of $597 pay for two months (suspended), and 45 days of extra duty and restriction. Summarized Article 15, dated 3 November 2004, for having knowledge of a lawful order issued by the Battalion Commander, "restriction to the limits of building 667, DFAC, place of duty, and two hours of Sunday worship", an order which it was his duty to obey, did fail to obey the same by being at the Holiday gas station on Muldoon (30 October 2004); extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 16 November 2004, reflects the applicant had no evidence of mental disorder which would affect judgement and reasoning or which would require disposition through medical channels. He was psychiatrically cleared for any administrative or judicial action deemed appropriate by command The applicant received numerous negative counseling statements for writing bad checks, breaking restriction, late for formation, failure to follow instructions, late for work, disobeying a direct order, AWOL, receiving an Article 15, failure to report and failing to pay just debt. i. Lost Time / Mode of Return: 4 days (AWOL, 3 August 2004 to 6 August 2004) / mode of return unknown. This lost time is not annotated on the DD Form 214 block 29 dates of time lost during this period. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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 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. The applicant contends that he was a young and dumb adolescent at the time of his discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends that he has a family and a residence established for ten years and would like to better his life and provide for the family. The US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. The applicant also contends an upgrade will allow him to receive the Post 9/11 G.I. Bill. 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 applicant contends that he tried getting a regular 9 to 5 job, but the results have proven to be unsuccessful. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions. b. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 5 December 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 28, contains the erroneous narrative reason for separation of misconduct. In view of the error, the Board directed an administrative correction to block 28, narrative reason for separation to read "Pattern of Misconduct,” as approved by the separation authority. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Pattern of Misconduct 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 NCO – Noncommissioned Officer 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 NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150016639 4