1. Applicant's Name: a. Application Date: 12 July 2016 b. Date Received: 15 July 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, at the time of discharge he was not mature and truly did not understand the responsibilities that were given to him, so he acted immaturely by drinking under the age and failing to obey the rules and regulations that required him to do so. He contends that he realizes that the Army presented him with an opportunity to do something for his country and be somebody and he squandered away that chance by drinking. He accepts full responsibility, but he also feels that his superiors could have helped him better by giving him advice like Alcohol Anonymous or any other way to better his life and situation. In a records review conducted at Arlington, VA on 8 November 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: 4 May 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 April 2007 (2) Basis for Separation: The applicant was informed of the following reasons: receiving a Field Grade Article 15 on 19 January 2007, for violating Article 92. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 April 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 November 2005 / 3 years b. Age at Enlistment / Education / GT Score: 19 / GED / 88 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 2 years, 4 months d. Prior Service / Characterizations: USAR, 26 April 2005 to 31 April 2005 / NA ADT, 1 May 2005 to 22 September 2005 / HD USAR, 23 September 2005 to 8 November 2005 / NA e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 5 June 2006, for being disrespectful in language toward a senior noncommissioned officer on 4 May 2006. The document makes reference to a continuation sheet; however, the continuation sheet was not found in the available record. The punishment consisted of reduction to E-2, forfeiture of $717 per month for two months and 45 days extra duty and restriction. FG Article 15, dated 19 January 2007, for violating a lawful general order by wrongfully consuming alcohol under the age of 21 on or about 21 October 2006. The punishment consisted of forfeiture of $650 per month for two months and 45 days extra duty and restriction. Report of Mental Status Evaluation, dated 22 February 2007, which indicates the applicant had the mental capacity to understand and participated in the proceedings and was mentally responsible. It was also noted that the applicant was psychiatrically cleared for further proceedings, as considered appropriated by his command. 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 14-12c 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 and 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 seek relief contending that although he accepts full responsibility for the action that caused his discharge, he believes that his superiors could have helped him better by giving him advice like Alcohol Anonymous or any other way to better his life and situation. 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. Furthermore, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. The applicant contends that at the time of discharge he was not mature and truly did not understand the responsibilities that were given to him, so he acted immaturely by drinking under the age and failing to obey the rules and regulations that required him to do so. 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. 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 was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 8 November 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 AR20160012841 1