1. APPLICANT’S NAME: a. Application Date: 20 April 2015 b. Date Received: 22 April 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant states, in effect, he wants to serve our homeland and needs an upgrade to be qualified. He desires to receive VA benefits to complete his education. In a personal appearance hearing conducted at Arlington, Virginia on 11 January 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.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Reason/Authority/Codes/Characterization: Unsatisfactory Performance / AR 635-200, Chapter 13 / JHJ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 22 June 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 May 2007 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he has been undergoing training in the US Army since October 2006. He failed to pass his course requirements because he does not want to continue to serve in the US Army: He has expressed to his chain of command he feels his family is in jeopardy because of his enlistment in the US Army. When told he was ineligible for separation under those conditions, he developed an attitude of defiance towards military authority and his training. He disobeyed orders of his superiors and has been a negative influence on the other Soldiers undergoing training in this unit. (3) Recommended Characterization: Honorable Discharge (4) Legal Consultation Date: 5 June 2006 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: NIF / General, Under Honorable Conditions Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: OADT / 3 October 2006 / 32 weeks b. Age at Enlistment/Education/GT Score: 28 years / College Graduate / 91 c. Highest Grade Achieved/MOS/Total Service: SPC / E-4 / None / 1 year and 28 days d. Prior Service/Characterizations: USAR (25 May 2006-2 October 2006) / NA (Concurrent Service) e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Report of Mental Status Evaluation, dated 4 June 2007, indicates the applicant was psychiatrically cleared to undergo any administrative actions deemed necessary by command, to include Chapter 13 proceedings. The applicant received numerous negative c ounseling statements for various acts of misconduct. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a petition for a name change. 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 8. DISCUSSION OF ISSUE(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 record confirms that the applicant’s discharge was appropriate because of unsatisfactory performance which diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant’s service mitigated the duty performance. The applicant seeks relief contending, he wants to serve our homeland and needs an upgrade to be qualified. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant further contends, he desires to receive VA benefits to complete his education. 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 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional document(s): a. Memorandum from US Citizenship and Immigration Services, dated 23 April 2007 – 1 page b. DLI English Language Center Certificates – 2 pages c. Certificate of Completion from Faculty Development Division, dated 30 March 2012 – 1 page 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150006789 2