1. Applicant’s Name: a. Application Date: 23 June 2015 b. Date Received: 29 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, the jobs he is interested in require an honorable discharge. The applicant is currently enrolled at Monterey Peninsula College, two semesters away from an Associate’s Degree in Psychology. He is preparing to transfer to a four year university to earn a Bachelor’s Degree, with an ultimate goal of getting into a Master’s Program in Psychology with a focus on counseling. His Combat Infantryman Badge is not annotated on the DD Form 214. In a records review conducted at Arlington, VA on 3 August 2016, and by a 3-2 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: 28 December 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 November 2012 (2) Basis for Separation: The applicant was caught driving with a blood alcohol content of 0.11 percent, which is above the legal limit. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 November 2012 (5) Administrative Separation Board: Conditionally Waived, 15 November 2012, contingent upon him receiving a characterization of service of no less favorable than general, under honorable conditions. (6) Separation Decision Date/Characterization: 7 December 2012 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 24 March 2011 / 4 years b. Age at Enlistment/Education/GT Score: 25 / HS Graduate / 130 c. Highest Grade Achieved/MOS/Total Service: E-5 / 11B2P, Infantryman / 6 years, 1 month, and 28 days d. Prior Service/Characterizations: RA, 31 October 2010 - 23 March 2011 / HD e. Overseas Service/Combat Service: SWA / Iraq (17 August 2008 - 8 August 2009) and Afghanistan (1 June 2011 - 29 February 2012) f. Awards and Decorations: ARCOM-2, AGCM, NDSM, ACM-2CS, GWTSM, ICM-CS, ASR, NATO Medal g. Performance Ratings: 30 January 2011 - 1 October 2012, Marginal h. Disciplinary Action(s)/Evidentiary Record: Administrative General Officer Memorandum of Reprimand (GOMOR), dated 3 October 2012, for driving under the influence (DUI) on post. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 23 June 2015; DD Form 214; Greenville Technical College Unofficial Transcript (computer generated), printed on 14 May 2015; and Monterey Peninsula College Program and Transfer Requirements, dated 16 May 2015. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is enrolled at Monterey Peninsula College and is two semesters away from attaining his Associate’s Degree in Psychology. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance. The applicant seeks relief contending, the jobs he is interested in require an honorable discharge. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character. The applicant requests that his Combat Infantryman Badge is annotated on his DD Form 214. This request to the correct his DD Form 214 does not fall within the purview of the Army Discharge Review Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 3 August 2016, and by a 3-2 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 AR20150009074 4