1. APPLICANT’S NAME: a. Application Date: 7 May 2015 b. Date Received: 21 May 2015 c. Counsel: Yes 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. The applicant contends his discharge was inequitable because it was based on an isolated incident between him and his ex-wife. His ex-wife was causing problems on the military base by calling commanders and starting fights with military couples. In a personal appearance board conducted at Arlington, Virginia, on 8 February 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: 3 August 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 July 2012 (2) Basis for Separation: The applicant was informed of the following reasons: pattern of misconduct, cited twice by police and given a Field Grade Article 15 for reoccurring domestic misconduct. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 3 October 2008 / 4 years and 28 weeks b. Age at Enlistment/Education/GT Score: 24 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-4 / 25Q10, Multichannel Transmission System Operator/Maintainer / 3 years, 10 months, 1 day d. Prior Service/Characterizations: None / None e. Overseas Service/Combat Service: SWA / Iraq (16 July 2009 - 16 July 2010) f. Awards and Decorations: AAM-2, NDSM, ICM-W/CS, GWOTSM, ASR, ASUA g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for Review of Discharge), dated 7 May 2015; Request for Retention Affidavit, dated 27 June 2012; Divorce Decree, dated 20 June 2014; Memorandum for Record, dated 27 June 2012; Rebuttal Matters, dated 9 July 2012; Initiation of Separation Proceedings, dated 2 July 2012; Complaint for Absolute Divorce, dated 3 January 2013; and a statement, dated 22 May 2012. 6. POST SERVICE ACCOMPLISHMENTS: None stated. 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 14-12b 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 ISSUE(S): The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contention his discharge was inequitable because it was based on an isolated incident was carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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. Treatment Summary, dated 10 July 2012 – 1 page b. Letters from US Senator, dated 2 July 2013, and 9 July 2013 – 2 pages 2. The applicant presented no additional contention(s 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 AR20150009063 1