1. Applicant’s Name: a. Application Date: 21 July 2015 b. Date Received: 24 July 2014 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, he served for almost 7 years with no misconduct nor any DA Form 4856 (Development Counseling); and this was his first infraction. He further states his chain of command informed him he just needed to provide documentation showing three consecutive years of great military standing to be considered for a discharge upgrade. In a records review conducted at Arlington, VA on 28 September 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 / Chapter 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 29 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: without authority, absent himself from his unit on 21 October 2014 -30 October 2014; with intent to deceive made a false statement to a SSG on 21 October 2014; wrongfully have sexual intercourse with a woman not his wife on 1 September 2013 and 14 October 2014; and Violated a lawful general regulation by misusing a government travel card on 11 October 2014, 21 October 2014x3 and 30 October 2014. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 30 April 2015 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 29 October 2008 / 5 years, 21 weeks, extended for 20 months with a new ETS date: 24 November 2015 b. Age at Enlistment/Education/GT Score: 33 / HS Graduate / 101 c. Highest Grade Achieved/MOS/Total Service: SGT / E-4 / 13B10, Cannon Crewmember / 6 years, 7 months, and 1 day d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA Iraq (20110602 - 20111206) f. Awards and Decorations: ARCOM-3, AAM, MUC, ASUA, AGCM-2, NDSM, GWOTSM, ICM-1, NOPDR, ASR, CAB, DMB-DWV, g. Performance Ratings: 1 July 2011 - 30 June 2012, Among the Best 30 June 2012 - 29 June 2013, Among the Best 30 June 2013 - 29 June 2014, Among the Best h. Disciplinary Action(s)/Evidentiary Record: Special Court-Martial, dated 30 January 2015, for without authority, absent himself from his unit on 21 October 2014 – 30 October 2014; with intent to deceive made a false statement to a SSG on 21 October 2014; with intent to deceive made a false statement to a CPT 24 October 2014, wrongfully have sexual intercourse with a woman not his wife on 1 September 2013 and 14 October 2014; and for violating a lawful general regulation by misusing a government travel card on 11 October 2014, 21 October 2014, and on 21 October 2014 - 30 October 2014, and again on 21 October 2014. He was sentenced to reduction to E-3, forfeiture of $1,300 pay per month for two months, conferment for 150 days and to perform hard labor without confinement for 60 days. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, Three DA Form's 2166-8 (NCO Evaluation Reports) and DD Form 2707-1 (Department of Defense Report of Result of Trial). 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. 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 seeks relief contending, in effect, he served for almost 7 years with no misconduct nor any DA Form 4856 (Development Counseling); and this was his first infraction. He further states his chain of command informed him he just needed to provide documentation showing three consecutive years of great military standing to be considered for a discharge upgrade. 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 the 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. The applicant contends that he served for almost 7 years with no misconduct nor any DA Form 4856 (Development Counseling); and this was his first infraction. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, the repeated incidents of misconduct as documented in the Special Court-Martial proceedings diminished the quality of the applicant’s service below that meriting an honorable discharge. The applicant further contends his chain of command informed him he just needed to provide documentation showing three consecutive years of great military standing to be considered for a discharge upgrade. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 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 28 September 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 AR20150012467 1