1. Applicant's Name: a. Application Date: 11 January 2017 b. Date Received: 30 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 pertinent part and in effect, during his discharge proceedings, he was treated unfairly, ridiculed, scrutinized, and wronged. After his DUI on 14 February 2016, he was treated more harshly than his peers with similar offenses. While others maintained their driving privileges on-post, his were revoked. On 2 May 2016, he learned that his grandfather had passed. He notified his chain of command and submitted his leave request to attend the funeral. His request for emergency leave was denied, He was also merely 16 days shy of meeting the six-year requirement that entitled him to a separation board. He was advised to request a two-week extension of his separation process so he would be eligible for the separation board. His request for extension was also denied. However, throughout his separation proceedings, he did not let these incidents affect his attitude or work performance. His continued dedication to the Army shows exactly what kind of an NCO, Soldier, and person he was, also reasons why his discharge requires upgrading. In a records review conducted at Arlington, VA on 9 May 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 August 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 May 2016 (2) Basis for Separation: The applicant drove a privately owned vehicle while under the influence of alcohol with a BAC of .176. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 May 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 June 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 November 2015 / 3 years b. Age at Enlistment / Education / GT Score: 21 / 14 years / 114 c. Highest Grade Achieved / MOS / Total Service: E-5 / 88M20, Motor Transport Operator / 5 years, 10 months, 8 days d. Prior Service / Characterizations: RA (12 October 2010 to 16 December 2013) / HD RA (17 December 2013 to 24 November 2015) / HD e. Overseas Service / Combat Service: SWA / Iraq (11 May 2011 to 11 November 2011), Kuwait (7 November 2014 to 31 July 2015) f. Awards and Decorations: ARCOM-2; AAM-3; AGCM; NDSM; GWOTEM; GWOTSM; NCOPDR; ASR; OSR; MUC g. Performance Ratings: 1 March 2015 thru 31 December 2015, Among the Best h. Disciplinary Action(s) / Evidentiary Record: MP Report, dated 28 February 2016, indicates the applicant was the subject of an investigation for possession of a weapon while under the influence, driving under the influence; driving with a BAC of .08 or more, failing to present evidence of insurance; and speeding. Negative counseling statements for being processed for an involuntary separation from the military; being stopped by a state patrol; driving a vehicle while under the influence with BAC of .08 or more; speeding 104 mph in a 75 mph speed limit; failing to present proof of insurance; and possessing a weapon while under the influence. Report of Mental Status Evaluation, dated 22 March 2016, indicates the applicant was cleared through behavioral health for administrative actions to include separation under Chapter 14, as the purview of his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 13 January 2017, with a self-authored statement, and the listed documentary evidence attached to his application. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 violating the Army's policy not to abuse alcohol, the applicant compromised the special trust and confidence placed in an NCO. As an NCO, he had the duty to support and abide by the Army's alcohol abuse policies. By abusing alcohol, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. In consideration of the applicant's service accomplishments and quality of his service prior to the incident of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends that he was treated unfairly, ridiculed, scrutinized, and wronged by members of his chain of command; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before and after committing the misconduct which led to the separation action under review. The applicant contends that he was treated more harshly than other Soldiers with similar offenses and they did not have their driving privileges revoked. However, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. In consideration of the applicant's service accomplishments and quality of his service prior to these incidents, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The third party statements provided with the application speak highly of the applicant's performance and character. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. 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 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 9 May 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 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 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 AR20170001517 2