1. Applicant’s Name: a. Application Date: 26 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 seeks relief contending, in pertinent part and in effect, his discharge was inequitable due to making one mistake in his entire military career as a young man, overseas in Europe. He has since led an exemplary life and career. He has been married for eight years, has two daughters, owns a home since 2008, has worked with the current company since, and has advanced to a journeyman level position. The applicant has no criminal record and has never been arrested. He is a member at a local American Legion, a volunteer at the Make a Wish organization, and a member of the Fraternal Order of the Freemasons and the Great Lakes Steel Boat Club. He is also an active parishioner at a Catholic Church, where he was married and where his daughter now attends school. The applicant is currently at the top grade of his employment and an upgrade would give him a better advantage for the employment he is seeking. In a records review conducted at Arlington, VA on 7 December 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: 15 June 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 May 2002 (2) Basis for Separation: The applicant was informed of the following reasons: disrespectful towards SGT H by saying to him "fuck off MP," or words to that effect (8 November 2001) disrespectful towards SGT J by saying to him, "you Nigger," or words to that effect (8 November 2001). unlawfully struck MG in the face with a closed fist (8 November 2001); attempted to fight SGT H if he took his hand irons off (8 November 2001); and, the applicant attempted to kick SGT J when he tried to talk to him (8 November 2001).. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 May 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 June 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 August 2000 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-2 / 63W10, Wheeled Vehicle Repairer / 1 year, 10 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 4 May 2001, reflects the applicant tested positive for marijuana during a Probable Cause (PO) urinalysis testing conducted on 18 April 2001. Negative counseling statement for having a positive urinalysis. CID Report, dated 12 June 2001, reflects that the applicant was the subject of an investigation for wrongful use of marijuana. FG Article 15, dated 23 July 2001, for wrongfully using marijuana (between 19 March 2001 and 18 April 2001). The punishment consisted of a reduction to E-1, forfeiture of $521 pay per month for two months, and 45 days of extra duty. MP Report, dated 8 November 2001, reflects that the applicant was the subject of an investigation for simple assault consummated with a battery, conduct unbecoming a member of the military service, drunk and disorderly, provoking speech/gestures, and disrespect to other NCO. FG Article 15, dated 12 February 2002, for striking PFC G in the face with a closed fist on 8 November 2001, including being drunk and disorderly, being disrespectful in language toward SGT H and SSG J, attempting to kick SGT H, and attempting to kick and punch SSG J. The punishment consisted of a reduction to E-1, forfeiture of $521 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a self-authored statement with listed enclosures. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has led an exemplary life and career; he has been married for eight years, has two daughters, and has owned his home since 2008. He has worked with the current company since and advanced to a journeyman level position. The applicant has no criminal record and has never been arrested. He is a member at a local American Legion, a volunteer with the Make a Wish organization, and a member of the Fraternal Order of the Freemasons and the Great Lakes Steel Boat Club. He is an active parishioner at a Catholic Church, where he was married and where his daughter now attends school. 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, and 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 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 contends the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends he made an isolated mistake as a young man, overseas in Europe. 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. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character. The applicant contends that an upgrade of his discharge would allow him a better advantage for the employment he is seeking. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 7 December 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: Microsoft Office Signature Line... Legend: AWOL - Absent Without Leave GD - General Discharge NCO – Noncommissioned Officer 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 NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs