1. Applicant's Name: a. Application Date: 9 April 2016 b. Date Received: 12 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, he understands what he did was wrong, but he cannot change the past; he can only change his future. He enlisted a month after he graduated from high school and does not blame the recruiters for anything because he was the one who signed the contract. He was young and immature and did not know what he wanted to do for a career, let alone his military occupational specialty (MOS). He accepted what the Army offered. After he completed his initial training, he realized that he did not like his MOS. He requested a reclassification, but the noncommissioned officers told him to fail out, so he failed out of class. The noncommissioned officers still would not help him. This led him to commit various acts of AWOL and became a Soldier that no one wanted to be like. He is angry with this outcome, but he knows he can only change the future. In a records review conducted at Arlington, VA on 9 June 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 August 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 July 2010 (2) Basis for Separation: The applicant was informed of the following reasons: AWOL from 16 December 2009 to 20 January 2010; and, from 31 August to 14 October 2009. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 July 2010, the applicant waived his right to legal counsel (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 August 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 September 2008 / 27 weeks (IADT) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 year, 8 months, 6 days / Note: Based on the applicant's enlistment contract and IADT orders, it appears the DD Form 214, Block 12d is in error. The applicant's service record does not reflect a prior period of active service. d. Prior Service / Characterizations: ARNG, 22 July 2008 - 17 June 2009 / UNC (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Fourteen Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 30 June 2009; From "AWOL" to "PDY," effective 23 July 2009; From "PDY" to "AWOL," effective 31 August 2009; From "AWOL" to "PDY," effective 14 October 2009; From "PDY" to "AWOL," effective 30 October 2009; From "AWOL" to "PDY," effective 17 November 2009; From "PDY" to "AWOL," effective 19 November 2009; From "AWOL" to "PDY," effective 27 November 2009; From "PDY" to "AWOL," effective 4 December 2009; From "AWOL" to "PDY," effective 8 December 2009; From "PDY" to "AWOL," effective 10 December 2009; From "AWOL" to "PDY," effective 14 December 2009; From "PDY" to "AWOL," effective 16 December 2009; and, From "AWOL" to "PDY," effective 20 January 2010. FG Article 15, dated 4 March 2010, for being AWOL on multiple occasions (between 19 November 2009 and 20 January 2010). The punishment consisted of forfeiture of $723 pay per month for two months (one month suspended); and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 13 May 2010, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Numerous Developmental Counseling Forms, for: AWOL; violation of TRADOC regulation; failing to report to his appointed place of duty; failing to obey orders or regulations; and, initiation of separation proceedings. i. Lost Time / Mode of Return: 136 days (AWOL, 30 June - 23 July 2009; 31 August - 14 October 2009; 30 October - 17 November 2009; 19 - 27 November 2009; 4 - 8 December 2009; 10 - 14 December 2009; and, 16 December 2009 - 20 January 2010) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; resume; DD form 214; seven certificates; and, three character statements. 6. POST SERVICE ACCOMPLISHMENTS: Earned professional certifications and an active member in his church. 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 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 that he did not like his MOS and his NCOs did not offer him help, which affected his behavior and ultimately caused him to be discharged. However, the applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Further, 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 9 June 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160008308 4