1. Applicant’s Name: a. Application Date: 28 October 2015 b. Date Received: 2 November 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 effect, he would like an upgrade of his discharge for the purpose of being able to improve his employment opportunities and to attend college. The applicant seeks relief contending, in effect, he made one of the biggest mistakes of his life. He went out with someone who he believed was a battle buddy at the time but unfortunately, was not. His drinking got the best of him and he made a very foolish decision to steal something from a night club under the influence of alcohol. He realized that was not the right decision when he found out there was severe consequences concerning the military and his career as a Soldier. After his chain of command was notified of the incident. He contends he lost his mother, father, and sister to addiction to alcohol. It has come to light that now he has the possibility of going down the path most of his family has chosen. Before the incident he had been sober for several months, he achieved goals such as getting into scouts, passing the battalion and division pre ranger assessment and then being sent to ranger school. While in RAP week, he was faced with the terrible news that his uncle, who was also his guardian, suddenly passed away. After the funeral he returned back to base and dealt with his high levels of stress the wrong way. He resorted to going out drinking which resulted in the terrible decision he made at Sam Wrights’ place of business. Realizing again that he should not drink, he has been sober since the day after the incident. One of his main goals when his contract ended was to use his GI Bill to go to school full time while his fiancé finished graduate school. He had been given the opportunity from the chief of police in his town to be a part time police officer while attending the police academy. He understands what he did goes against all Army values and he knows he lost trust from many of his supervisors but that is not the Soldier he is. He believes he deserved 100% to be punished for his actions but the thought of how he was chaptered 10 days before his first enlistment ended is going to haunt him for the rest of my life. In a records review conducted at Arlington, VA on 6 June 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: 10 August 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 June 2015 (2) Basis for Separation: The applicant was informed of the following reason: committing larceny of a value of less than $500.00 on 28 November 2014 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 July 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 29 July 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 May 2012 / 3 years and 16 weeks b. Age at Enlistment/Education/GT Score: 17 years / HS Graduate / 95 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 3 years, 3 months, and 10 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: General Officer Memorandum of Reprimand, dated 11 December 2013, that shows the applicant received a reprimand for driving while intoxicated with a blood alcohol content of .211 percent. FG Article 15, dated 23 April 2015, for stealing a cash register of a value of about $425.00, the property of Club Zydeco on 28 November 2014. The punishment consisted of a reduction to E-1, forfeiture of $773.00 pay per month for two months (suspended), and 45 days of extra duty and restriction. Negative counseling statement, dated 13 January 2015, notifying the applicant of pending UCMJ actions i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Status Evaluation, dated 26 February 2015, which shows the applicant was diagnosed with an Axis I for occupational problem (chapter); alcohol dependence in remission (per Nov 14 ASAP entry) and Axis II & III which were documented in AHLTA IAW AR 40-66. It was noted in the remarks section that at the time there were no psychiatric disease or defect that warrant disposition through medical channels. The applicant was mentally responsible and had the mental capacity to understand and participate in administrative proceedings. He was screened for PTSD and mTBI, neither were evident. It was appropriated for any administrative action deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: An online application and three letters of support. 6. POST SERVICE ACCOMPLISHMENTS: None. 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’s record of service, the issues and the documents submitted with the 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. 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. The applicant contends that while in RAP week, he was faced with the terrible news that his uncle, who was also his guardian, suddenly passed away. After the funeral, he returned back to base and dealt with his high levels of stress the wrong way. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to improve his employment opportunities and to attend college. 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 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 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: Opening Statement (2 pages) b. The applicant presented no additional contentions. c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 June 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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: NA 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 AR20150017022 4