1. Applicant's Name: a. Application Date: 2 March 2016 b. Date Received: 21 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 served his country honorably and deployed to a combat zone. He contends he received a CIB and is an 80 percent disabled veteran. In a records review conducted at Arlington, VA on 12 July 2016, 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 (Civil Conviction) / AR 635-200 / Chapter 14-5, Section II / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 April 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 23 March 2010 (2) Basis for Separation: The applicant was informed of the following reason: being convicted of negligent homicide (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 25 March 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 April 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 June 2007 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-1 / 11B10, Infantryman / 1 year, 9 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (28 December 2007 to 9 August 2008) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-2CS, ASR, CIB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 20 October 2009, shows the applicant was the subject of investigation for negligent homicide (traffic) Court documents from the Court of Cleveland County State of Oklahoma The applicant received a counseling statement in reference to his restriction to the brigade area and out-of-service debt. i. Lost Time / Mode of Return: AWOL 372 days (13 February 2009 to 19 February 2010) / apprehended j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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. 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 she should have been retained on Active Duty. The applicant seeks relief contending, he served his country honorably and deployed to a combat zone. He contends he received a CIB and is an 80 percent disabled veteran. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended. However, it appears this service was determined not to be sufficiently mitigating to warrant an honorable characterization of service at the time of discharge by the separation authority as shown by the applicant's conviction of negligent homicide. Further, 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 (civil conviction). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. Also, although the applicant claims he is an 80 percent disabled veteran there is no evidence in the record, nor has the applicant produced any evidence to support the contention that he is 80 percent disabled. 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 12 July 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160008513 3