1. Applicant’s Name: a. Application Date: 28 April 2015 b. Date Received: 1 May 2015 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, his discharge was inequitable. A year prior to his discharge, the applicant was given punishment under UCMJ for a DUI and, almost a year later, he received his first Information Assurance violation while setting up The Operations Center (TOC) in Poland. He downloaded Skype onto his terminal, not realizing that it was a US government system that was not labeled NIPR, SIPR, or CITRIX. Instead of being counseled for the violation, the applicant contends that he received chapter paperwork. The applicant states that he would like to go back to school and move on so that he can serve his country in other ways. In a records review conducted at Arlington, VA on 29 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) 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: 30 August 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 July 2014 (2) Basis for Separation: The applicant was informed of the following reasons: Violated Article 111, UCMJ, by physically controlling a vehicle while drunk (8 September 2013) Violated Article 92, UCMJ, at or near Camp Konotop, Poland, by wrongfully installing Skype on a Very Small Aperture Terminal (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 25 July 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: Undated / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 10 January 2011 / 6 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 117 c. Highest Grade Achieved/MOS/Total Service: E-4 / 25S1P, SATCOM Systems Operator/Maintainer / 3 years, 7 months, and 21 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Italy, Germany, SWA / Afghanistan 13 June 2012 – 7 March 2013) f. Awards and Decorations: ACM-2CS, ARCOM-, AAM, NDSM, GWTSM, ASR, OSR, NATO Medal, CAB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: (Per Commander’s Report) FG Article 15, dated 8 April 2014, for violating Article 111, UCMJ. The punishment consisted of a reduction to E-1, forfeiture of $765.00 pay per month for two months, and 45 days of extra duty. General Officer Memorandum of Reprimand (GOMOR), dated 7 March 2014, for striking a fire stand pipe while backing out of a parking space at the Caserma Del Din parking garage. The applicant submitted to several field sobriety tests, all of which he failed, and as a result was apprehended and transported to the Military Police Station. The applicant was administered a breath test utilizing the Intoxilyer 8000 which resulted in BACs of .149 percent and .142 percent. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 28 April 2015, and DD Form 214. 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. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian 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 civilian law and time-honored customs and traditions of the Army. 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 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. The applicant contends the incident that caused his discharge was the first and only violation of the Information Assurance Policy in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends that he wasn’t given a counseling statement for the violation, but rather, immediately processed for separation. 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 applicant contends that would like to go back to school. However, 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. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 29 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150007718 4