1. Applicant's Name: a. Application Date: 4 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 condition) discharge to honorable. The applicant seeks relief contending, in effect, he would like an upgrade for the purpose of being able to receive health benefits for himself and his children. He contends there were no errors or injustice in his discharge; however, he has given 20 years of service both in the U.S. Army Reserve and in Active Duty and believes his discharge should be upgraded. In a records review conducted at Arlington, VA on 15 March 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 October 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 September 2008 / 4 years (Documents extending the applicant's enlistment to the date of discharge were not found in the available records). b. Age at Enlistment / Education / GT Score: 33 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B10, Infantryman / 21 years, 6 months, 1 day (Note: DD Form 214 does not properly account for the applicant's total service in the ARNG between the period of 18 June 1992 thru 16 August 2004 and 17 August 2004 thru 20 September 2008). d. Prior Service / Characterizations: ARNG, 18 June 1992 to 3 June 1993 / NA ADT, 4 June 1993 to 18 November 1993 / UNC ARNG, 19 November 1993 to 16 August 2004 / NA OAD, 17 August 2004 to 1 January 2006 / HD ARNG, 2 January 2006 to 22 April 2007 / HD RA, 23 April 2007 to 19 September 2008 / HD e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (17 August 2004 to 1 January 2006 and 12 October 2007 to 14 November 2008) and Afghanistan (12 June 2010 to 16 April 2011) f. Awards and Decorations: ARCOM-3, AAM-4, VUA, AGCM-2, ARCAM, ACM-2CS, NDSM-2, GWOTEM, GWOTSM, ICM-CS, NCOPDR-2, ASR, OSR-3, AFRMM, NATOMDL, CIB g. Performance Ratings: 23 April 2008 to 29 February 2012, Fully Capable 1 March 2012 to 29 November 2012, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 29 November 2012, for wrongfully damaging a chair by breaking a leg off, of a value less than $500 and wrongfully communicating to Ms. G. H., a threat to "beat her with a chair leg," or words to that effect. The punishment consisted of a reduction to E-4, forfeiture of $1,181 pay per month for two months, extra duty and restriction for 45 days, and oral reprimand. General Officer Memorandum of Reprimand, dated 13 August 2013, for operating a motor vehicle on 15 June 2013 while under the influence of alcohol with a BAC of .160 percent. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293. 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 14-12c 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 condition) discharge to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends there were no errors or injustice in his discharge; however, he has given 20 years of service both in the U.S. Army Reserve and on Active Duty and believes his discharge should be upgraded. However, it is unknown if these contentions have merit because the complete facts and circumstances leading to the discharge are not contained in the service record. Furthermore, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. It should be noted by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (serious offense). It appears the applicant's generally good record of service may have been the basis for his receiving a GD instead of the normal UOTHC discharge. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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 15 March 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 AR20160001310 1