1. Applicant's Name: a. Application Date: 17 November 2015 b. Date Received: 7 December 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 would like an upgrade for the purpose of being able to utilize his GI Bill benefits for education. The applicant contends that he has been out of the military for 10 years and was not aware of these benefits until now. In a records review conducted at Arlington, VA on 15 March 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 22 October 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 October 2005 (2) Basis for Separation: The applicant was informed of the following reasons: for physically controlling a passenger vehicle while drunk and recklessly damaged said vehicle, the property of C.A.T., the amount of said damage of about $3000 (19 April 2005); violated the pass restriction imposed on him (30 September 2005); and, found to be drunk on duty with an alcohol content of .056 grams of alcohol per 210 liters of breath or greater as shown by chemical analysis (1 October 2005). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Undated (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 January 2004 / 3 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 93 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92F10, Petroleum Supply Specialist / 1 year, 9 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 28 April 2005, for failure to go at the time prescribed to his appointed place of duty (7 April 2005), recklessly damaged by driving into a wall, a 1992, blue BMW, the amount of said damage being in the amount of $3000, the property of C.A.T., on 19 April 2005, and physically controlled a vehicle while drunk on 19 April 2005. The punishment consisted of reduction to E-1, forfeiture of $617 pay per month for two months, extra duty and restriction for 45 days, and reprimand in writing. Military Police Report, dated 20 April 2005, reflects the applicant was the subject of an investigation for being drunk on duty, unable to perform duties. It was also noted (traffic accident with damage to private property, operating a motor vehicle while mentally impaired by the consumption of alcohol, and traffic accident/failure to maintain control) on 20 April 2005. Report of Mental Status Evaluation, dated 18 May 2005, reflects the applicant was mentally responsible, able to distinguish right from wrong and able to adhere to the right, and had the mental capacity to understand and participate in administrative/board proceedings. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application. 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'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. 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 expressed his desire for an upgrade for the purpose of being able to utilize his GI Bill benefits for education. However, 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 15 March 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 AR20150018598 1