1. Applicant's Name: a. Application Date: 26 November 2016 b. Date Received: 30 November 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 and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of gaining employment and education benefits. The applicant contends he was two months shy of fulfilling a three year contract, having never failed a PT Test, range qualification, or ruck march and separation action was initiated against him without giving him any reasons. He never received any Article 15's, reprimands, or even a negative counseling while he was with his unit and when he received his DD Form 214 the reason for discharge was misconduct. He did nothing to receive this type of discharge and believes he deserves to have his discharge upgrade to honorable based on the fact that there is no proof whatsoever as to any misconduct during his period of service. He believes there was a separate agenda on the commander's part to separate Soldiers whom he did not have positive thoughts of. The character of his discharge has affected his abilities to get certain jobs, and has also kept him from participating in educational and Veterans benefits, that he paid for while in the military (i.e., Montgomery GI Bill), which he now does not have access due to his current characterization of service. In his case there is no proof of negative counseling's, reprimands or Article 15's, and he requests an upgrade of his discharge and a change to his narrative reason for discharge. In a records review conducted at Arlington, VA on 14 February 2018, 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 (Minor Infractions) / AR 635-200, Paragraph 14-12a / JKN / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 August 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 July 2011 (2) Basis for Separation: The applicant was informed of the following reasons: failing simple and basic tasks that were required of a Soldier. In a little under two years he disrespected the noncommissioned officers appointed over him, threatened a fellow Soldier, fell asleep while on duty, could not account for his equipment and an instance of not wearing a seatbelt; He had been counseled numerous amounts of time in hope that he would be rehabilitated; however, his performance reflected otherwise. It was determined rehabilitation would only be remiss and if he was to PCS to another unit this conduct would only continue. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 July 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 October 2008 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 2 years, 9 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements for various acts of misconduct; performance; and monthly counseling's. Report of Mental Status Evaluation, dated 16 June 2011, shows the applicant could understand and participate in administrative proceedings. 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 14-12a addresses minor disciplinary infractions, defined as a pattern of misconduct, consisting solely of minor military disciplinary infractions. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge. 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 appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for misconduct (minor infractions) is "JKN" and the RE code is 3. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending he was two months shy of a three year contract, having never failed a PT Test, range qualification, or ruck march and separation action was initiated against him without giving him any reasons. He never received any Article 15's, reprimands, or even a negative counseling while he was with his unit and when he received his DD Form 214 the reason for discharge was misconduct. He did nothing to receive this type of discharge and believes he deserves to have his discharge upgrade to honorable based on the fact that there is no proof whatsoever as to any misconduct during his period of service. He believes there was a separate agenda on the commander's part to separate Soldiers whom he did not have positive thoughts of. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was the result of his commander's negative thoughts about him or that he was unware of why he was being discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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. 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 (minor infractions). 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 applicant expressed his desire for an upgrade of his discharge for the purpose of gaining employment and education benefits. He believes the character of his discharge has affected his abilities to get certain jobs, and has also kept him from participating in educational Veterans benefits, that he paid for while in the military (i.e., Montgomery GI Bill), but now does not have access to due to his current characterization of service. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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 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 14 February 2018, 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 AR20160019732 2