1. Applicant's Name: a. Application Date: 20 October 2015 b. Date Received: 26 October 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, he needs an honorable discharge to receive his GI Bill. In a records review conducted at Arlington, VA on 8 February 2017, 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: 5 October 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 September 2007 (2) Basis for Separation: The applicant was informed of the following reasons: he received a CG Article 15 on 2 January 2007 for failing to report to duty (6 December 2006 and 8 December 2006), failing to maintain a clear sector of fire (9 December 2006), and sleeping on duty (9 December 2006); violated the 3rd HBCT Prohibited Activities Policy by having a visitor of the opposite sex in his room between the hours 2300 and 0700 (19 June 2007); and, knocking on a female Soldier's room door at midnight and asked her if she wanted to see his stitches (10 June 2007). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 September 2007 (5) Administrative Separation Board: Waived, 8 September 2007, although he was not entitled to a board. (6) Separation Decision Date / Characterization: 14 September 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 April 2005 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 2 years, 5 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (2 October 2006 to 14 September 2007) f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 2 January 2007, for failing to go at the time prescribed to his appointed place of duty (6 and 8 December 2006), derelict in the performance of his duties in that he negligently failed to maintain a clear sector of fire as it was his duty to do (9 December 2006), and he being on post as a sentinel at his assigned guard tower, found sleeping upon his post (9 December 2006). The punishment consisted of a reduction to E-2 and extra duty for 14 days. CG Article 15, dated 4 August 2007, for stealing a wrist watch, of a value of about $50, the property of SGT K. (27 July 2007). The punishment consisted of a reduction to E-2 and extra duty for 14 days. Report of Mental Status Evaluation, dated 31 August 2007, reflects the applicant was psychiatrically cleared for any administrative action deemed appropriate by command. The applicant received several negative counseling statements for larceny of his roommate's property, recommended for an Article 15 on three occasions, failure to obey a lawful order, prohibited activities, obstructing view in front of guard tower, falling asleep on guard duty, and absent from his appointed place of duty on two occasions. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 14-12b 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 and the issues 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 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, in effect, he needs an honorable discharge to receive his GI Bill. 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 8 February 2017, 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: 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 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150017525 1