1. Applicant's Name: a. Application Date: 2 September 2016 b. Date Received: 6 October 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, he served honorably for over four years prior to the incidents of misconduct which led to his discharge. He accepts responsibility for the actions that cost him an Army career and promotion to E-5. However, he is proud of his accomplishments in the Army, such as being an honor graduate, receiving an early promotion in Iraq, his unit receiving an MUC award, becoming brigade commander's driver, and receiving an AAM for winning the Soldier of the month, including receiving subsequent recognitions and awards as a cavalry scout. He has since become an upstanding member of society. He attended a technical school and receiving recognitions and multiple awards. An upgrade would help him achieve his career goals, such as becoming an emergency response member. In a records review conducted at Arlington, VA on 6 December 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 August 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 July 2012 (2) Basis for Separation: The applicant was informed of the following reasons: On 1 July 2011, he received a FG Article 15 for being incapacitated during the proper performance of his duties. On 7 June 2012, he received a FG Article 15 for breaking curfew and fleeing apprehension from Armed Forces. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 July 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 July 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2010 / 4 years (NIF, but per ERB, ETS date is 2 October 2014) b. Age at Enlistment / Education / GT Score: 23 / GED / 108 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D10, Cavalry Scout and 91B10, Wheeled Vehicle Mechanic / 4 years, 4 months, 3 days d. Prior Service / Characterizations: RA (2 April 2008 to 30 September 2010) / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (20 December 2008 to 10 December 2009) f. Awards and Decorations: ARCOM; AAM-2; AGCM; NDSM; ICM-CS-2; GWOTSM; NCOPDR; ASR; OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for drinking out past curfew; attempting to flee from the MPs when discovered; pass privileges being suspended; FG Article 15, dated 18 August 2011, for being incapacitated in the performance of his duties due overindulgence of intoxicating liquor on 1 July 2011. The punishment consisted of a reduction to E-1 (suspended), forfeiture of $400, and 30 days of extra duty and restriction. FG Article 15, dated 7 June 2012, for violating a lawful general order on 29 March 2012, and fleeing apprehension from an Armed Forces policeman on 29 March 2012. The punishment consisted of a reduction to E-1, forfeiture of $745 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. Report of Mental Status Evaluation, dated 30 May 2012, indicated that there was no psychiatric reason to preclude a 14-12c separation or an administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he has been an upstanding member of society, attended a technical school and received recognitions and multiple awards, and is currently employed as an automotive technician. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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 available record of service, and 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. By the incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. In consideration of the applicant's service accomplishments and quality of his service prior to these incidents, and his post-service accomplishments, the Board can find that his complete period of service and his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends that an upgrade of his discharge will allow him to achieve his career goals, such as becoming an emergency response member. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 6 December 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 AR20160016617 1