1. Applicant’s Name: a. Application Date: 26 May 2015 b. Date Received: 29 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, he is in the process of reapplying for college and an upgrade would allow him educational benefits. He has already completed a semester online through Digital Media Arts College, where he achieved academic excellence by obtaining a grade point average of 4.0. He would like to continue his pursuit of a bachelor’s of science, but lacks the resources to continue. The upgrade would afford him better opportunities in pursuing his goals. In a records review conducted at Arlington, VA on 5 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: 3 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 February 2014 (2) Basis for Separation: The applicant operated a passenger vehicle while drunk. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 10 February 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 5 March 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 18 January 2011 / 3 years, 18 weeks b. Age at Enlistment/Education/GT Score: 26 / Bachelor’s Degree / 112 c. Highest Grade Achieved/MOS/Total Service: E-4 / 13B10, Cannon Crewmember / 3 years, 2 months, and 16 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Alaska, SWA / Afghanistan (4 December 2011 - 2 October 2012) f. Awards and Decorations: ACM-CS, ARCOM, NDSM, GWTSM, ASR, OSR-2, NATO Medal, CAB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: DA Form 3822 (Report of Mental Status Evaluation), dated 23 January 2014, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The behavioral health provider recommended that the applicant be prohibited from the use of alcohol due to a history of alcohol abuse or alcohol dependence. DA Form 3954 (Military Police Report), dated 30 January 2014, reflects the applicant was charged with drunken driving (on post). General Officer Memorandum of Reprimand (GOMOR), dated 12 February 2014, for driving under the influence of alcohol on 18 January 2014, with a breath alcohol content of .081 percent. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 26 May 2015; DD Form 214; Digital Media Arts College letter, dated 30 December 2014; and an unofficial transcript from Digital Media Arts College, dated 30 April 2015. 6. POST SERVICE ACCOMPLISHMENTS: The applicant achieved academic excellence while pursuing his bachelor’s degree with a 4.0 GPA. 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 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. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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 5 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: 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 AR20150008918 3