1. Applicant’s Name: a. Application Date: 28 July 2015 b. Date Received: 4 August 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, his discharge is inequitable because it is based on one isolated incident during 46 months of exemplary service. His discharge is not an accurate characterization or indicator of his entire term of service. Since leaving the Army he has been employed fulltime and done everything within his power to do right, conduct himself within the values he learned to live by in the Ranger Regiment. He desires to pursue a college degree and reenlist to serve his country once more as a Green Beret. 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 26 April 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 March 2013 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge: received a CG Article 15 for violating BN Policy No. 25, by traveling more than 500 miles from the battalion area without an approved pass (26 February 2013); and, pulled over for a DUI in Thurston County, WA (10 March 2013). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 6 April 2013 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: Undated / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 9 June 2009 / 4 years and 19 weeks b. Age at Enlistment/Education/GT Score: 17 / HS Graduate / 121 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 3 years, 10 months and 18 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Afghanistan (19 October 2010 - 1 February 2011, 25 January 2011 - 6 December 2011, and 27 June 2012 - 20 October 2012) f. Awards and Decorations: ARCOM, JSAM, AAM-2, AGCM, NDSM, ACM-2CS, ASR, NATO Medal, CIB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 27 February 2013, for failing to obey a lawful order issued by LTC G.K.A., by traveling more than 500 miles away from the battalion area without an approved pass (12 February 2013). The punishment consisted of a reduction to E-3, forfeiture of $470.00 pay (suspended), and extra duty for 14 days. Thurston County Traffic Citation, dated 10 March 2013, reflects the applicant was issued a traffic ticket for a DUI violation. DA Form 2627-2 (Record of Supplementary Action Under Article 15), dated 12 March 2013, reflects the suspension of punishment of a forfeiture of $470.00 pay, imposed on 27 February 2013, was vacated for the new offense of physically controlling a vehicle while drunk (10 March 2013). DA Form 3822 (Report of Mental Status Evaluation), dated 22 March 2013, indicates the applicant met the retention standards prescribed in Chapter 3, AR 40-501, and there was no psychiatric disease or defect which warrants disposition through medical channels. He was cleared for any administrative action deemed appropriate by command, including discharge under Chapter 14. The applicant received two negative counseling statements for various acts of misconduct and initiation of separation action. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 28 July 2015; self-authored statement; DD Form 214; Ranger Assessment Graduation Certificate, three Certificates of Training; Regimental Combatives Course Graduation Certificate; Certificate of Achievement; CIB Orders 26-4; Airborne Course Diploma; AGCM orders 220-37; DA Form 638 (Recommendation for Award); AAM citation; EIB orders # 060-01; and seven character statements. 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 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 documented pattern of misconduct, 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 contends that his discharge is inequitable because it is based on one isolated incident during 46 months of exemplary service. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant’s numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant contends, his discharge is not an accurate characterization or indicator of his entire term of service. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. The applicant also contends, since leaving the Army he has been employed fulltime and done everything within his power to do right, conduct himself within the values he learned to live by in the Ranger Regiment. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant desires to pursue a college degree and to rejoin the Service. 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. Furthermore, 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 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013281 1