1. Applicant's Name: a. Application Date: 9 November 2015 b. Date Received: 12 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and an RE code change. The applicant seeks relief contending, in effect, his discharge was extreme and unjust and that he is deserving of an honorable discharge, along with his education benefits. The misconduct that led to his discharge was his only offense. The applicant states that although his actions were unfavorable, he has done many great things as a service member. In addition, the applicant states that he has seen countless service members do much worse than his situation during his service in the Army. He contends that he drank responsibly and moderately and was betrayed by circumstances. Further stating that his punishment was extreme and unfair and that he deserves an honorable discharge. Now that the civilian charge against the applicant has been completely dismissed without prejudice, the applicant requests the upgrade. He had good service and made a name for himself while in the Army. He deployed to Afghanistan and has received numerous awards. He believes he failed not only his fellow troopers, but the nation as well. Nothing can explain the pain he felt once he received the news that he would not be deploying alongside the men and brothers that he had been training with in the preceding months. He provides character statements with his application for the Board's consideration. In a records review conducted at Arlington, VA on 29 March 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding the discharge (i.e. single DUI and no aggravating circumstances), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 March 2014 (2) Basis for Separation: The applicant was found driving under the influence (DUI) on 11 December 2013. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 March 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 February 2011 / 4 years, 16 weeks b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 3 years, 2 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Italy, SWA / Afghanistan (5 July 2012 to 19 March 2013) f. Awards and Decorations: ACM-CS, ARCOM-2, AAM-2, NDSM, GWOTSM, ASR, OSR-2, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: As described in previous paragraph 3c(2). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the 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. The SPD Code/RE Code Cross Reference Table identifies the appropriate reentry code to assign the Soldier based on the narrative reason for discharge. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and an RE code change. 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 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 he had good service, which included a combat tour. 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 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 applicant contends that the charges against him were dismissed without prejudice after he left the Army. However, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty. The applicant's service record does not contain and the applicant has not provided the complete civil proceedings that were considered by the separation authority at the time of his separation. The fact that the charges were dismissed after the applicant's discharge, does not make the discharge unjust or unwarranted. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct while serving in the Army; however, the character statements were considered at the time of his separation. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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 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 29 March 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding the discharge (i.e. single DUI and no aggravating circumstances), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20160001945 1