1. Applicant's Name: a. Application Date: 4 March 2016 b. Date Received: 2 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, his discharge should be upgraded based on multiple honorable discharges and reenlistments. In a records review conducted at Arlington, VA on 25 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 / Under Other Than Honorable Conditions b. Date of Discharge: 15 November 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 May 2011 (2) Basis for Separation: The applicant was informed of the following reason: the applicant was found guilty of aggravated assault with serious bodily injury. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 23 May 2011, the applicant voluntarily waive consideration of his case by an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than honorable. On 16 September 2011, the applicant was notified to appear before an administration separation board. (5) Administrative Separation Board: On 3 October 2011, the board determined the allegation against the applicant was supported by a preponderance of the evidence and did warrant separation. In view of the findings the board recommended the applicant be separated from active service with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 7 November 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 March 2006 / 6 years b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 82 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91H10, Track Vehicle Repairer / 13 years, 19 days d. Prior Service / Characterizations: RA, 30 July 1997 to 8 September 1999 / HD RA, 9 September 1999 to 3 October 2002 / HD RA, 4 October 2002 to 22 July 2004 / HD RA, 23 July 2004 to 2 March 2006 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (5 November 2007 to 6 February 2009) f. Awards and Decorations: ARCOM-2, AAM-4, VUA, AGCM-3, ICM-2CS, NDSM, GWOTSM, KDSM, ASR, OSR-3 g. Performance Ratings: May 2006 to August 2006, Fully Capable 1 September 2006 to 31 May 2007, Fully Capable 1 June 2007 to 31 May 2008, Fully Capable 1 June 2008 to 31 May 2009, Marginal h. Disciplinary Action(s) / Evidentiary Record: Court documents from the state of Texas, dated 8 July 2010, reference the applicant's offense of aggravated assault with serious bodily injury and related punishment. FG Article 15, dated 20 December 2010, for failure to go at the time prescribed to his appointed place of duty x2 on (1 November 2010 and 15 November 2010). The punishment consisted of reduction to E-4, forfeiture of $1,146 (suspended), 45 days extra duty, and 45 days restriction (suspended). Report of Mental Status Evaluation, dated 4 October 2010, shows the applicant was diagnosed for Axis I and II with no psychiatric disorder noted. It was noted that the applicant was mentally responsible, able to distinguish right from wrong and to adhere to the right, and had the mental capacity to understand and participate in any administrative proceedings. It was also noted that the applicant served one combat deployment. He was screened for PTSD and mTBI; neither of which was evident. Although he experiences some residual symptoms of post trauma stress, this did not form the basis of behaviors which resulted in his legal problems. He was psychiatrically cleared for any administrative action deemed appropriated by his command. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: Confinement Civilian Authority (CCA) 429 days (6 May 2009 to 8 July 2010); AWOL 3 days (29 July 2011 to 31 July 2011) / mode of return unknown; and AWOL 23 days (24 October 2011 to 15 November 2011) / mode of return unknown. 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 an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). 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 he should have been retained on Active Duty. The applicant seeks relief contending his discharge should be upgraded based on multiple honorable discharges and reenlistments. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his accomplishments. However, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. 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. 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 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 25 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 AR20160016646 1