1. Applicant's Name: a. Application Date: 20 June 2015 b. Date Received: 28 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 served in the Army for thirteen years, obtaining the rank of staff sergeant. The applicant requests an upgrade because he believes that he should have been evaluated on the entire scope of his career, not on an isolated incident of poor judgement in an otherwise spotless record. Throughout his thirteen year career, he witnessed misconduct of several other Soldiers, even ones similar to his, yet they were allowed a second chance to continue their military career. While he is not asking for a second chance in the military, he is requesting the upgrade not just for himself, but for the betterment of his family. Since his discharge, he has earned an Associate's Degree, is currently a history education major with a minor in philosophy, and maintains a 2.5 to 3.0 grade point average and is on pace to graduate in four semesters. The applicant is very active in the community as a volunteer soccer, basketball coach and mentoring young kids, Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA record showed no diagnoses of serious mental illness. He had one visit that gave him a diagnosis of Adjustment Disorder, a subsequent visit gave no psychiatric diagnoses. His pre-discharge mental status examination judged him free of psychiatric disorders and cleared him for discharge. His pre-discharge medical exam showed his profile as 111111. Since leaving the Army, his JLV showed no psychiatric history. Further, he has provided evidence that, since his discharge, he has been a productive member of his community striving to improve himself through education and pro social work in his community. There is no behavioral health consideration relevant to this case, other than that he is, on available accounts, free of mental-health impairment. In a records review conducted at Arlington, VA on 3 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 / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 September 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 June 2005 (2) Basis for Separation: The applicant was informed of the following reasons: Conduct prejudicial to good order and discipline. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 12 July 2005 (5) Administrative Separation Board: Conditionally waived, 23 October 2006, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 8 August 2005 / The separation authority approved the applicant's conditional waiver and directed the applicant be discharged with a general (under honorable conditions) discharge. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 December 2001 / 4 years b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B34, Infantryman / 13 years, 2 months, 6 days d. Prior Service / Characterizations: RA, 21 July 1992 to 9 March 1995 / HD RA, 10 March 1995 to 18 March 1997 / HD RA, 19 March 1997 to 3 December 2001 / HD e. Overseas Service / Combat Service: Germany, Korea, SWA / Kuwait (15 September to 14 December 1997 and 1 December 2000 to 1 April 2001) f. Awards and Decorations: ARCOM-5, AAM-6, AGCM-4, NDSM-2, GWOTSM, KDSM, AFEM-2, ASR, OSR-2 g. Performance Ratings: August 2001 thru July 2002 / Among The Best August 2002 thru December 2003 / Among The Best January 2004 thru December 2004 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand (GOMOR), dated 10 February 2005, for committing recruiting improprieties and violated USAREC Regulation 601-45, paragraph 2-23(b) 1 by submitting false educational and custodial documents for applicants, assisted in the transfer of custody of an applicant's child, in violation of USAREC Regulation 601-45, paragraph 2-3f, and engaged in an unauthorized and adulterous relationship with applicants, in violation of USAREC Regulation paragraph 2-1 and Articles 92 and 134 of the UCMJ. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 27 April 2005, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed (Axis III) Occupational Problem. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; a self-authored statement; six character statements; and, college transcripts. 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned his Associate's Degree and is in pursuit of his bachelor's degree. He is active in the community and volunteers coaching and mentoring young kids. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 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 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 be retained on active duty. The applicant contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that other Soldiers with similar offenses were not discharged. However, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The Army Discharge Review Board is authorized to consider post-service factors in the 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 3 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 AR20160000931 1