1. APPLICANT’S NAME: a. Application Date: 24 April 2014 b. Date Received: 28 April 2014 c. Counsel: NA 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade in his characterization of service to honorable. He states, in effect, that his misconduct was the result of his being young and since leaving the military his family has been homeless and he struggles to maintain employment. In a record review conducted at Arlington, VA on 15 July 2015, and by a 5-0 vote, the Board denied the request 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, Chapter 14-12b, JKA, RE-3, General, Under Honorable Conditions b. Date of Discharge: 21 January 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 January 2011 (2) Basis for Separation: The applicant was informed of the following reasons: 18 July 2010, making a false official statement 5 November 2010, being disrespectful to a NCO and Multiple occasions of failing to report (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 5 January 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 6 January 2011/General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 22 January 2009/5 years, 32 weeks b. Age at Enlistment/Education/GT Score: 19 years/GED/101 c. Highest Grade Achieved/MOS/Total Service: E-3/25B10, IT Specialist/2 years, d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 30 August 2010, for false official statement on 18 July 2010, and failing to report on 23 July 2010; reduced to E-2, forfeited $378 pay (suspended) and 14 days extra duty. The applicant received multiple counseling statements for failing to report, disrespecting a senior NCO, failing to obey a lawful order, failing to be in the correct uniform, and failing to follow instructions. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Mental Health Evaluation, dated 17 November 2010, Axis I diagnosis of an adjustment disorder with mixed emotional features. 5. APPLICANT-PROVIDED EVIDENCE: The applicant provided a DD Form 293 and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None 7. REGULATORY CITATION(S): Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civil 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 civil law and time-honored customs and traditions of the Army. 8. DISCUSSION OF ISSUE(S): The applicant seeks relief arguing his misconduct was due to his young age (19) at time of entry and since his discharge he has been homeless and struggles to maintain employment. The applicant requests an upgrade of his characterization of service to honorable. However, the applicant’s documented pattern of misconduct, to include punishment under Article 15 for a false statement and failing to be at place of his duty and the multiple counseling statements for failing to repair, disrespect, disobeying order and failing to follow instructions clearly met the criteria of Paragraph 14-12b allowing for his separation. The applicant contends that his young age and lack of maturity contributed to his misconduct. However, he served two years before being separated and there is no evidence indicating his age or level of maturity were contributing factors to his misconduct. Further, the applicant contends since his discharge he has been homeless and struggles to maintain employment. The issues raised by the applicant do not fall within the purview of the Army Discharge Review Board and therefore, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance or contact the Department of Veterans Affairs for further for assistance. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. 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. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140007470 1