1. Applicant's Name: a. Application Date: 9 September 2016 b. Date Received: 13 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he would like to take advantage of his school benefits to pursue an electrician's license. He served four years and four months honorably, including a combat tour in Afghanistan. One mistake should not characterize his service. His punishment was adequate and should not affect his ability to better himself beyond the military. In a records review conducted at Arlington, VA on 29 November 2017, and by a 5-0 vote the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 7 April 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 6 March 2014 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully operated a motor vehicle while under the influence. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 March 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 September 2009 / 5 years, 19 weeks b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11C1P, Indirect Fire Infantryman / 4 years, 7 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Italy / SWA / Afghanistan, 3 July 2012 to 27 February 2013 f. Awards and Decorations: ARCOM-3, AGCM, NDSM, ACM-2CS, GWOTSM, ASR, NATO MDL, CIB, EIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); three recommendations for awards; Airborne Course Diploma; hazardous duty orders 232-02 and 340-001; temporary change of station orders VZ-138-0174; CIB orders 240-058; Order of the Spur; certificate of achievement, EIB; EIB orders 220-039; Italian parachutist badge; 18th Airborne Corps NCO Academy; Service School Academic Evaluation Report; 18th Airborne Corps, certificate of achievement; NATO MDL certificate; Training to win certificate; certificate of completion; three certificates of training; and a request for reconsideration of characterization of service memorandum. 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's available 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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, he would like to take advantage of his school benefits to pursue an electrician's license. Eligibility for veteran's 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. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant further contends, he served four years and four months honorably, including a combat tour in Afghanistan. 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. The applicant also contends, one mistake should not characterize his service. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant additionally contends, his punishment was adequate and should not affect his ability to better himself beyond the military. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 29 November 2017, and by a 5-0 vote the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD / RE Code to: JKN / 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 AR20160016236 1