1. Applicant’s Name: a. Application Date: 9 July 2015 b. Date Received: 13 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, his request is for educational purposes, as well as employment opportunities and medical assistance. In May 2014, he was a patient at a military psychiatric ward where he was being medically separated from service with an honorable discharge. In September 2014, he had an altercation in a Korean subway station when he grabbed a Korean civilian from behind mistaking them for someone else. Had the Korean civilian known English, he would have apologized and would not have been a simple assault charge, which ultimately resulted in his discharge. The altercation resulted in a monetary court fee that he was ordered to pay, later serving as the basis for his discharge. His command was aware he was pending a medical discharge and that he was medically and psychologically unfit for service. His supervisor had seized all of his civilian clothing, his laptop, and all of his private possessions and locked them up in the supply room. The applicant’s defense counsel advised him that this behavior was inappropriate punishment. 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: Misconduct (Civil Conviction) / AR 635-200 / Chapter 14, Sec II / JKB / RE-3 / General Under Honorable Conditions. b. Date of Discharge: 16 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 November 2014 (2) Basis for Separation: The applicant was found guilty by a Foreign Tribunal for assault. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 25 November 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 29 December 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 22 July 2013 / 3 years and 23 days b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 101 c. Highest Grade Achieved/MOS/Total Service: E-3 / 74D10, Chemical Operations Specialist / 1 year, 5 months, and 25 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: NDSM, GWTSM, KDSM, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Uijeiongbu District Court, Summary Order, dated 29 October 2014, reflects the applicant was fined for assaulting a Korean female, while under the influence of alcohol, by pulling her wrist and pushing her against a wall (7 September 2014). The sentence consisted of a fine of 1,000,000 Won. Developmental Counseling Statement (DA Form 4856), dated 7 November 2014, for payment of fine resulting from the assault sentence and the initiation of separation proceedings. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Physical Profile (DA Form 3349), dated 1 June 2014, reflects the applicant had a physical profile for Adjustment Disorder with Mixed Disturbance of Emotions and Conduct, Acute. DA Form 3822 (Report of Mental Status Evaluation), dated 2 June 2014, reflects the applicant met the psychiatric criteria for expeditious administrative separation under Chapter 5-17. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with (Axix I) Adjustment Disorder with Mixed Disturbance of Emotions and Conduct. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 9 July 2015; DD Form 214; a partial copy of his case separation file; and a DA Form 31, dated 28 April 2014. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 8. DISCUSSION OF FACT(S): The applicant requests 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 contends that he should have been medically discharged. However, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends that had he been separated expeditiously under Chapter 5-17, he would have received an honorable discharge. Furthermore, he would not have committed the misconduct which led to his discharge under Chapter 14. The applicant provided a letter from his defense counsel, which addressed this issue. However, this letter was considered by the separation authority at the time of his discharge and the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. The applicant has expressed his desire to have better job opportunities and the benefits of medical care and the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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 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: Yes b. Change Characterization to: Honorable 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 AR20150012338 1