1. Applicant's Name: a. Application Date: 1 December 2015 b. Date Received: 7 December 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 would like to rejoin the Army as an infantryman. In addition, an honorable discharge and/or his E-4 rank would be needed for him to reenter. The applicant contends that the reason for his discharge was nonviolent and did not involve drugs or alcohol. He desires one more opportunity to serve and fight as a Ranger. In a records review conducted at Arlington, VA on 10 February 2017, 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 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 25 May 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 April 2011 (2) Basis for Separation: The applicant was informed of the following reasons: Received a FG Article 15 on 14 March 2009 for: unlawfully struck PFC T on the head with his fist (10 January 2009); and, unlawfully broke and entered the dwelling house of PFC T, with intent to commit assault consummated by a battery therein (10 January 2009). Received a FG Article 15 on 9 February 2011 for: without authority, absent himself from his unit (between 10 and 27 January 2011); and, received numerous counseling statements for failing to report formation on three occasions (between 20 and 22 September 2010). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 27 April 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 May 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 October 2007 / 4 years, 28 weeks b. Age at Enlistment / Education / GT Score: 19 / GED / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 3 years, 6 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA, Iraq (1 February 2009 to 1 February 2010) f. Awards and Decorations: AAM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Killeen Police Department, Arrest Report, dated 10 January 2009, reflects the applicant was arrested for burglary of habitation intent to commit other and unlawful carrying weapons. FG Article 15, dated 14 March 2009, for unlawfully striking PFC T (10 January 2009) and unlawfully break and enter the dwelling of PFC T, with intent to commit assault consummated by a battery therein. The punishment consisted of a reduction to E-1, forfeiture of $699 pay per month for two months, and extra duty and restriction for 45 days (suspended). FG Article 15, dated 9 February 2011, for absenting himself from his unit (between 10 and 27 January 2011). The punishment consisted of a reduction to E-1, forfeiture of $733 pay per month for two months (suspended), and extra duty and restriction for 45 days. Mental Status Evaluation, dated 10 March 2011, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant was mentally responsible with clear a clear thinking process. FG Article 15, dated 20 April 2011, for wrongfully using cocaine (between 20 and 28 February 2011). The punishment consisted of a reduction to E-1, forfeiture of $733 pay per month for two months, and extra duty and restriction for 45 days. Numerous Developmental Counseling Forms for nonpayment of debt, bar to reenlistment, failing to report on multiple occasions, failing to pay a debt, monthly performance, non- recommendation for promotion board, and denial of the Army Good Conduct Medal. i. Lost Time / Mode of Return: 20 days 2 days (NIF, 10 to 12 January 2009) / NIF 18 days (AWOL, 12 to 30 January 2011) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 14-12b 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, 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, such that he should be retained on active duty. The applicant requests that his rank be restored. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant contends that the reason for his discharge was nonviolent and did not involve drugs or alcohol. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 10 February 2017, 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: 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 AR20150019194 1