1. Applicant’s Name: a. Application Date: 20 May 2015 b. Date Received: 8 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 pertinent part and in effect, he made the effort to better himself through counseling, financial advisory, and going to the chapel—he did everything he could to stay in. He was in the process of a divorce when his wife took his car, packed everything up, withdrew 800 dollars from their joint account, and left while he was in the field. She also made calls to his first sergeant without consulting with him (unaware that he had to pay money for being separated), asking for more money and was leaving to go with another male. Such resulted in issues with being in military housing and receiving no BAH. All his leadership could tell him and his Battalion Sergeant Major was that they were sorry that they did not help him but that his discharge was imminent. By solving his spousal problems and clearing out everything as potential factors, he stayed out of trouble and kept his head straight, along with doing community service with local churches. He was definitely at fault. When realizing his financial problems, he should have kept his discipline. He has learned from his mistakes. He has not been in any trouble since his discharge. He has enrolled in school. He needs an upgrade for his school and to reenlist. In a records review conducted at Arlington, VA on 31 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, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 9 October 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 September 2014 (2) Basis for Separation: The applicant was informed of the following reasons: arrested and found guilty for stealing an Apple iPad from a taxicab driver, Mr. C. Such conduct was prejudicial to the good order and discipline of the armed forces and was of a nature to bring discredit upon the armed forces (4 August 2014); and, failed to obey a lawful general regulation by failing to pay financial support to his wife and made a false official statement about the issue (between 1 June 2014 and 16 June 2014). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 5 September 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 8 September 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 8 April 2013 / 3 years and 23 weeks b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 96 c. Highest Grade Achieved/MOS/Total Service: E-3 / 14T10, Patriot Launching Station Enhanced Operator/Maintainer / 1 year, 6 months, and 2 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM; GWTSM; ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Military Police Report, dated 5 August 2014, indicates the applicant was the subject of an investigation for larceny of private property and wrongfully damaging private property. Negative counseling statements for being recommended for a FG Article 15 and an involuntary separation; committing larceny and wrongful appropriation, and destruction of government property; making false official statements; disrespecting an NCO; revocation of his pass privileges; imposition of a bar to reenlistment; failing to provide funds to his wife; failing to obey order or regulation; and imposition of a corrective action by completing an essay. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 20 May 2015, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has stayed out of trouble, is involved in community service with local churches, and is enrolled in school. 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 ISSUE(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s record of service and the issues 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 on active duty. In consideration of the applicant's in-service and post-service accomplishments, the Board can find that his complete period of service and accomplishment were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends an upgrade would allow him to receive benefits for his school. 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 applicant desires to rejoin the military service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. 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 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 31 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 AR20150009883 1