1. Applicant's Name: a. Application Date: 19 February 2016 b. Date Received: 4 April 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, that he was punished more severely than another Soldier, who committed the same act of misconduct, because the commander and first sergeant favored that Soldier more, which was unprofessional and showed favoritism. The applicant contends that he was told that he would be going to ASAP; however, he never attended because he was sent to the field and later told he was being discharged. The applicant alleges the command showed favoritism towards another Soldier who committed the same misconduct, but did not receive a GOMOR and was afforded the opportunity to attend ASAP and ACAP. In a records review conducted at Arlington, VA on 24 May 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: 24 July 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 March 2015 (2) Basis for Separation: The applicant drove under the influence of alcohol with a blood alcohol content of 0.08 percent. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 March 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 April 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 November 2014 / 2 years b. Age at Enlistment / Education / GT Score: 22 / GED / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 3 years, 1 month, 18 days d. Prior Service / Characterizations: RA, 29 May 2012 to 19 November 2014 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (31 October 2013 to 31 July 2014) f. Awards and Decorations: ARCOM, AAM, NDSM, ACM-CS, GWOTSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 24 February 2015, for driving while under the influence of alcohol on 10 January 2015 with a blood alcohol content of .08 percent. Military Police Report, dated 10 January 2015, reflects the applicant was the subject of an investigation for driving while intoxicated, moving from lane unsafely, and traffic accident; single vehicle (without injuries). Report of Mental Status Evaluation, dated 23 January 2015, reflects the applicant screened positive for substance use disorders due to recent DWI. The applicant was scheduled to be screened through ASAP. There was no recommendation for education or treatment from ASAP. There was not psychiatric symptoms sufficient to require hospitalization at that time. He was considered fit for duty per AR 40-501 and was cleared to proceed with administrative separation. Negative counseling statement for repeat of poor judgment after first incident while driving intoxicated. i. Lost Time / Mode of Return: The DD Form 214 references to eight days of time lost (21 May 2015 to 28 May 2015); however, documents supporting this period were not found in the available record. 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): 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 conditions) discharge to honorable. The applicant's record of service, the issues and documents 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. 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 seeks relief contending that he was punished more severely than another Soldier who committed the same act of misconduct. The applicant contends his command showed favoritism towards another Soldier because the commander and first sergeant liked him more which he believes was very unprofessional. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his command showed favoritism towards another Soldier at the time of his discharge. Evidence shows the applicant was discharged as a result of driving under the influence of alcohol with a blood alcohol content of 0.08 percent. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. Furthermore, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service 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 24 May 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 AR20160007807 2