1. Applicant's Name: a. Application Date: 28 December 2016 b. Date Received: 4 January 2017 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 effect, he desires to rejoin the military and serve his country. The applicant raised no issues of propriety or equity for the Board's consideration. In a record review appearance hearing conducted at Arlington, VA on 24 July 2016, 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) a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 23 November 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 October 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 23 May 2015, he stole a Nike visor, of a value of about $16, the property of Army and Air Force Exchange Service; On or about 23 May 2016, he was disrespectful towards SGT X, by mumbling in response to instructions, failing to acknowledge correction, and uttering a verbal threat of physical harm to SGT X; On or about 22 August 2016, he was disrespectful towards 2LT X, by contemptuously turning from and leaving him while 2LT X was talking to him; On or about 1 September 2016, he was disrespectful towards SGT X, by saying to him, " what the fuck do y'all want now" or words to that effect; On or about 22 August 2016, he received a lawful order from SGT X, to get on the red pack and scoop off the access water, which he willfully disobeyed the same; On or about 22 August 2016, he was disrespectful towards SGT X, by saying to him, "no that is not my job," or words to that effect; On or about 1 September 2016, he received a lawful order from SGT X, to put his phone away on three separate occasions, which he willfully disobeyed the same; and, On or about 1 September 2016, he physically controlled a vehicle, to wit: a passenger car in a reckless manner by traveling through the parking lot at a higher rate of speed than necessary causing his vehicle to fishtail out onto the main road where there were Soldiers walking through the parking lot during this time. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 3 November 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 November 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 November 2014 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 86 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 2 years, 3 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Arrest Summary Report, dated 23 May 2015, reflects the applicant was apprehended for theft of AAFES property. FG Article 15, dated 9 July 2015, for stealing a Nike visor, a value of about $16, the property of Army and Air Force Exchange Service (23 May 2015). The punishment consisted of a reduction to E-1; forfeiture of $773 pay per month for two months (suspended); extra duty and restriction for 45 days; and, an oral reprimand. CG Article 15, dated 3 August 2016, for disrespectful deportment toward a noncommissioned officer (1 August 2016). The punishment consisted of extra duty for 7 days. CG Article 15, dated 14 October 2016, for disrespect towards a commissioned officer and towards two noncommissioned officers (22 August and 1 September 2016); disobeyed a lawful order (22 August and 1 September 2016); and, physically controlled a passenger vehicle in a reckless manner (1 September 2016). The punishment consisted of a reduction to E-2. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 9 August 2016, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. All diagnoses were documented in the applicant's AHLTA records. 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 general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant raised no issues of propriety or equity for the Board's consideration. 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. 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 desires to rejoin the Military Service. 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 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 record review hearing conducted at Arlington, VA on 24 July 2016, 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: 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 AR20170001003 3