1. Applicant’s Name: a. Application Date: 1 May 2015 b. Date Received: 11 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge or honorable. The applicant seeks relief contending, in effect, his discharge was inequitable because he faithfully served his country for 11 years and 9 months, a period he received no adverse actions against him. He has been to combat numerous times and his last job was a combat MOS, 18C, Special Forces Engineer. His current discharge hinders his ability to fully support his family, serve his community, and from being a productive citizen. It also limits the jobs in which he can apply for. He is a recent graduate from a university with a Bachelor of Science degree in criminal justice. He has also volunteered over 500 hours in and around his community. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 5 May 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 October 2010 (2) Basis for Separation: The applicant engaged in conduct likely to cause death or grievous bodily harm to other personnel, as well as, making false official statements. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 19 October 2010 (5) Administrative Separation Board: 22 March 2011 (6) Separation Decision Date/Characterization: 8 April 2011 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 3 October 2008 / 4 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 104 c. Highest Grade Achieved/MOS/Total Service: E-6 / 18C3P, 2B Special Forces Engineer Sergeant and 63J2P, Quartermaster and Chemical Equipment Repairer / 11 years, 7 months, and 9 days d. Prior Service/Characterizations: RA, 27 September 1999 – 16 December 2001 / HD          RA, 17 December 2001 – 16 December 2002 / HD          RA. 17 December 2002 – 14 September 2005 / HD          RA, 15 September 2005 – 2 October 2008 / HD (NIF) e. Overseas Service/Combat Service: SWA / Iraq (28 February 2003 – 2 February 2004 and 8 September 2005 – 8 September 2006) and Afghanistan (1 September 2009 – 28 November 2009) f. Awards and Decorations: ARCOM-4, AAM, AGCM-3, NDSM, ICM-CS, GWTEM, GWTSM, NPDR-2, ASR, OSR, NATO Medal, CIB g. Performance Ratings: 1 February 2007 – 30 November 2009, Among the Best h. Disciplinary Action(s)/Evidentiary Record: Military Police Report, dated 10 April 2009, indicates the applicant was the subject of an investigation for breaking or entering a motor vehicle, larceny, and possessing stolen goods. Negative counseling statements for unit transfer due to previous actions and questionable ethical conduct; failing to follow a lawful order; informing him of his duties and limitations; CG Article 15, dated 9 August 2010, for dereliction of duty on 24 May 2010; making a false official statement on 24 May 2010; wrongfully disposing explosive property of the US on 24 May 2010; and wrongfully and recklessly engaging in conduct likely to cause death or grievous bodily harm to Soldiers, other personnel, or civilians on 24 May 2010. The punishment consisted of forfeiture of $734, 14 days of extra duty and restriction, and a written reprimand. Punitive Letter of Reprimand, dated 10 August 2010, imposed by the CG Article 15, dated 9 August 2010. Report of Behavioral Health Evaluation, dated 30 September 2010, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. Orders 347-01, dated 13 December 2010, revoked the award of Special Forces tab. Administrative Separation Board Proceedings with summarized report of proceedings, dated 22 March 2011, is self-explanatory. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 1 May 2015; DD Form 214; and a Fayetteville State University official academic record. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is a recent graduate from a university with a Bachelor of Science degree in criminal justice. He has also volunteered over 500 hours in and around his community. 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 or honorable. The applicant’s 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. 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents that led to his discharge, 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 his current discharge hinders his ability to fully support his family, serve his community, and from being a productive citizen. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 AR20150008400 4