1. Applicant’s Name: a. Application Date: 23 May 2015 b. Date Received: 1 June 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, he wants the ability to use his full benefits as well as allow for better job opportunities. The applicant contends that the alleged aggravated assault with a deadly weapon, which is a felony charge and the basis of his discharge, was reduced to a misdemeanor charge. He feels the general discharge does not justify the misdemeanor conviction or his service to his country. The applicant had planned on serving more than 20 years, but made a mistake that he has paid severely for. If the discharge is upgraded, the applicant plans on reenlisting in the Army. In a records review conducted at Arlington, VA on 19 August 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 / Chapter 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 7 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 April 2013 (2) Basis for Separation: The applicant assaulted his former partner by threatening her and placing a weapon to her head and chest (16 November 2012). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 3 May 2013 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 23 May 2013 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 October 2010 / 4 years b. Age at Enlistment/Education/GT Score: 19 / GED / 108 c. Highest Grade Achieved/MOS/Total Service: E-4 / 25B10, IT Specialist / 4 years, 9 months, and 13 days d. Prior Service/Characterizations: ARNG, 29 May 2008 – 7 August 2008 / UNC RA, 8 August 2008 – 19 October 2010 / HD e. Overseas Service/Combat Service: SWA / Iraq (30 November 2009 – 30 November 2010) f. Awards and Decorations: ICM-2CS, ARCOM, AAM, MUC, NDSM, GWTSM, NOPDR, ASR, OSR, CAB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: El Paso Police Department Supplemental Report reflects the applicant unlawfully, intentionally, knowingly or recklessly impede the normal breathing or circulation of blood by choking Ms. A.T. by making it difficult for her to breathe on 3 September 2011. Serious Incident Report, dated 17 November 2012, provided by the Division Operations Center, reflects that a warrant was being issued for the applicant’s arrest for allegedly chasing Ms. R.D. (victim) from a local club and threating her at gunpoint at the McDonald’s parking lot with witnesses present. El Paso Police Department Supplemental Report reflects the applicant intentionally and knowingly displayed a weapon (black handgun) to Ms. R.D. by placing the barrel of the handgun to the left side of her head, as well as to the left side of her chest, placing her in imminent fear of bodily injury and/or death. El Paso Police Department Incident/Investigation Report, dated 17 November 2012, reflects a warrant for arrest was issued on the applicant for aggravated assault with a weapon. Two DA Forms 4187 (Personnel Action), dated 20 November 2012 and 10 January 2013, reflect the applicant’s duty status changed from “Present for Duty” to “Civilian Confinement,” effective 20 November 2012 and from “Civilian Confinement” to “Present for Duty,” effective 7 December 2012. Three DA Forms 4856 (Developmental Counseling), dated between 20 December 2012 and 28 January 2013, informing him that he was a potential late deployer, issuance of a no contact order, and initiation of separation proceedings. WBAMC Form 78 (Request for Mental Health Evaluation), no date, reflects the applicant was being considered for an involuntary separation due to a Chapter 14 – Aggravated Assault and traffic warrants. The form also lists two CG Articles 15, issued in March and July 2009, for driving when not authorized to and for fighting. DA Form 3822 (Report of Mental Status Evaluation), dated 1 February 2013, reflects the applicant had a clear and normal thought process and was mentally responsible. i. Lost Time: 16 days (Civilian Confinement, 20 November 2012 – 6 December 2012) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 23 May 2015; DD Form 214; three character reference letters; and a State of Texas 41st District Court document, dated 21 May 2015. 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. 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 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 has expressed his desire to rejoin the Service and to have better job opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant contends the incident that caused his discharge resulted in a misdemeanor charge, not a felony charge. Based on WBAMC Form 78 (previously listed in paragraph 4h), the applicant’s second line supervisor (first sergeant, etc.) indicated that the applicant was out on bond and on probation, which was during the separation proceedings. The applicant’s submitted evidence, State of Texas 41st District Court document, reflects the judgement was entered on 21 May 2015; the applicant was discharged on 7 June 2013. Although an isolated 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 a general discharge does not justify the misdemeanor nor his service to his country. However, 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 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 19 August 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/Issue a New Separation Order: 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: 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 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 AR20150008846 1