1. Applicant's Name: a. Application Date: 10 July 2016 b. Date Received: 27 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 pertinent part and in effect, since his discharge, he has been through trying times, such as being homeless, working three separate jobs seven days a weeks, while attempting to better his situation. He is currently attending a driving training school to operate big rigs; however, he desires to obtain his college degree and serve as an active member in the Army. He is more than capable to perform his duties as his work ethics continue to remain unparalleled. In a records review conducted at Arlington, VA on 2 October 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: 21 December 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 September 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On 8 January 2013, he received a CG Article 15 for willfully disobeying an NCO. On 5 February 2013, he received a FG Article 15 for assaulting a Soldier by grabbing her hair and throwing her against the wall, and for choking three Soldiers with his hand. Additionally, on 6 July 2014, he was arrested for driving under the influence of alcohol. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 September 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 October 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 November 2011 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12W10, Carpentry and Masonry / 3 years, 1 month, 6 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: AAM; NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 8 January 2013, for disobeying an NCO on 14 December 2012, and being disrespectful towards and NCO on 14 December 2012. The punishment consisted of a reduction to E-2 (suspended), forfeiture of $396 (suspended), and 14 days of extra duty and restriction. FG Article 15, dated 5 February 2013, for unlawfully choking PV2 H, SPC I, and SPC T with his hand on three separate occasions on 13 January 2013, and grabbing PFC B's hair and throwing her against the wall on 13 January 2013, and assaulting PFC M by attempting to strike her with his hand on 13 January 2013. The punishment consisted of a reduction to E-1, forfeiture of $758, and 45 days of extra duty and restriction. Negative counseling statement for being recommended for an involuntary separation and drunken or reckless operation of a vehicle. Military Police Report, dated 17 July 2014, indicates the applicant was the subject of an investigation for drunken driving. Army Substance Abuse Program (ASAP) Enrollment, dated 10 July 2014, indicates the applicant was command-referred into the program due to suspected violation of Article 111, UCMJ, drunken operation of a vehicle. General Officer Memorandum of Reprimand, dated 24 July 2014, indicates the applicant was reprimanded for driving under the influence of alcohol. Report of Mental Status Evaluation, dated 8 August 2014, psychiatrically cleared the applicant for Chapter 14-12c processing. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 10 July 2016, with congressional correspondence. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is currently in drivers training, and has been working at three jobs. 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 and document 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. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor performance, such that he should have been retained on Active Duty. The applicant contends that he has been through trying times, such as being homeless and working three jobs, seven days a week. However, eligibility for housing supportive program benefits for Veterans does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill, and obtain a college degree. The applicant should contact a local office of the Department of Veterans Affairs for further assistance as eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishment were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant desires to rejoin the Military. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 2 October 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 AR20160013353 3