1. Applicant's Name: a. Application Date: 19 January 2016 b. Date Received: 27 January 2016 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, his actions while in the Army, were due to his age and lack of maturity. The applicant states that his leadership did not take that into consideration while discharging him. He has since learned from his mistakes. In a records review conducted at Arlington, VA on 12 April 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, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 July 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 June 2007 (2) Basis for Separation: The applicant was informed of the following reasons: received a FG Article 15 on 11 April 2006, for violations of the UCMJ, (Article 86) failing to be at his appointed place of duty at the prescribed time, (Article 92) violating a lawful general regulation (underage drinking), (Article 121) larceny, (Article 107) false official statement, and (Article 108) damaging military property; received a FG Article 15 on 9 April 2007, for violations of the UCMJ, (Article 92) dereliction of duty (not being in proper uniform) and (Article 113) misbehavior of sentinel or lookout (falling asleep on guard duty) while deployed to Sinjar Mountain, Iraq; and, received a CG Article 15 for violating the UCMJ, Article 134, wrongful overindulgence in intoxicating liquor and incapacitated for the performance of duties. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 7 June 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 July 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 September 2005 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 80 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19D10, Cavalry Scout / 1 year, 9 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (25 August 2006 to 21 April 2007) f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: MP Reports, dated 28 March 2006 and 3 April 2006, indicate the applicant was the subject of an investigation for shoplifting and larceny of AAFES property, respectively. Negative counseling statements for damaging government property; failing to obey a lawful order; being drunk on duty; violating a general Article 134, UCMJ; committing larceny; lying to an NCO; missing bed check; being found semi-conscious in male latrine; being AWOL; and being recommended for an involuntary separation. FG Article 15, dated 11 April 2006, for failing to go to his appointed place of duty at the prescribed time (3 April 2006), failing to obey a lawful general regulation (3 April 2006), committing larceny of AAFES property (28 March 2006), making a false official statement (28 March 2006), and damaging military property (24 March 2006). The punishment consisted of a reduction to E-1, forfeiture of $725 pay per month for two months, and 45 days of extra duty and restriction. FG Article 15, dated 9 April 2007, for being derelict in the performance of his duties (10 March 2007) and sleeping on his post (10 March 2007). The punishment consisted of a reduction to E-1, forfeiture of $636 pay per month for two months, and 45 days of extra duty and restriction. Report of Mental Status Evaluation, dated 18 May 2007, provided no diagnosis. CG Article 15, dated 24 May 2007, for being incapacitated for the performance of his duties (6 May 2007). The punishment consisted of forfeiture of $100 (suspended) and 14 days of extra duty and restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: 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 14-12b 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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 further 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 have been retained on Active Duty. The applicant contends that he was young and immature at the time of the 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 his chain of command did not take into consideration his immaturity. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 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 12 April 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 AR20160003152 3