1. Applicant’s Name: a. Application Date: 15 June 2015 b. Date Received: 19 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 states, in pertinent part and in effect, an upgrade would better his future. He is considering reenlisting in the Armed Forces, and to use his benefits to achieve a better education by enrolling in college. He fully accepts the consequences for his inadequate behavior. Although, he may not have been up to the level of maturity it takes to succeed in the military, he now believes he could be of great value to the Armed Forces, as well as, his fellow Soldiers. In a records review conducted at Arlington, VA on 26 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 15 May 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 April 2012 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully damaged private property (21 August 2011); and, displayed racial comments on an axe handle (1 March 2012). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 16 April 2012 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 4 May 2012 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 3 August 2010 / 3 years and 16 weeks b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 90 c. Highest Grade Achieved/MOS/Total Service: E-3 / 12B10, Combat Engineer / 1 year, 9 months, and 13 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (25 February 2011 – 7 June 2011) f. Awards and Decorations: AAM, NDSM, ICM-CS, GWTSM, ASR, OSR, CAB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 3 October 2011, for willfully damaging private property (21 August 2011). The punishment consisted of a reduction to E-2 (suspended), forfeiture of $383 (suspended), 14 days of extra duty, and 14 days restriction (suspended). Memorandum, dated 9 March 2012, Subject: EO Complaint file by 1LT C, rendered by the appointed investigating officer, reported the findings and recommendations. The memorandum includes the report of proceedings by the investigating officer and related documentary evidence. FG Article 15, dated 3 April 2012, for being disorderly in conduct (1 March 2012), and communicating in writing indecent language (1 March 2012). The punishment consisted of a reduction to E-1, forfeiture of $745 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. Negative counseling statements for being accused of EO violation and destruction of personal property. Report of Mental Status Evaluation, dated 4 April 2012, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 16 June 2015, with DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general (under honorable conditions), under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 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 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. 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 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 applicant contends that he was young and immature at the time of the discharge—he was not up to the level of maturity it takes to succeed in the military. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 26 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 AR20150010782 1