1. Applicant's Name: a. Application Date: 26 February 2016 b. Date Received: 29 February 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. The applicant seeks relief contending, in effect, even though he had some problems while serving, he deployed and did all he could to fight for his country. He is now on a better path in life and wants his discharge upgraded so he can continue serving his country as a civilian and to become an even better person. In a records review conducted at Arlington, VA on 28 April 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: 27 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 April 2014 (2) Basis for Separation: The applicant demonstrated a pattern of misconduct that is to the prejudice of good order and discipline and is of a nature to bring discredit upon the armed forces, by failing to report to his appointed place of duty on divers occasions and failing to obey a lawful order. He had been counseled and given three Article 15s, yet he continued to struggle with deportment and accountability. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 April 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 May 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 May 2010 / 4 years, 30 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25Q10, Multichannel Transmission Systems Operator/Maintainer / 5 years, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (3 August 2011 to 23 November 2011) f. Awards and Decorations: AAM, ARCOM, AGCM, NDSM, GWOTSM, ICM-CS, NCOPDR, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action Forms, dated 10 January 2013, reflect the applicant's duty status changed from "Present for Duty (PDY)" to "AWOL," effective 1 January 2013 and from "AWOL" to "PDY," effective 5 January 2013. CG Article 15, dated 5 February 2013, for being absent from his unit (31 December 2012 until 5 January 2013). The punishment consisted of reduction to E-3, forfeiture of $440 pay (suspended), and 14 days extra duty and restriction. CG Article 15, dated 29 August 2013, for failure to go at the time prescribed to his appointed place of duty (20 August 2013) and being derelict in the performance of his duties in that he negligently failed to keep the Battalion TOC generator at an adequate in operation (18 August 2013). The punishment consisted of forfeiture of $470 pay (suspended), 14 days extra duty, and 7 days restriction. Record of Supplementary Action Under Article 15, UCMJ, dated 25 February 2014, vacated the suspension of forfeiture of $470 pay imposed on 29 August 2013. The vacation was based on the applicant being arrested by El Paso Police on 9 November 2013 for theft, such conduct being prejudicial to good order and discipline in the armed forces and being of a nature to bring discredit upon the armed forces. FG Article 15, dated 21 March 2014, for with intent to deceive, made a false official statement to SGT R. (4 March 2014) and failure to go at the time prescribed to his appointed place of duty on divers occasions (4 and 5 March 2004). The punishment consisted of reduction to E-1, forfeiture of $765 pay per month for two months, and 45 days extra duty. Report of Mental Status evaluation, dated 18 March 2014, reflects the applicant was psychiatrically cleared for administrative separation under Chapter 14-12b. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling i. Lost Time / Mode of Return: 3 days (AWOL, 1 January 2013 to 4 January 2013) / mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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, 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 contends that he deployed and did all he could to fight for his country. 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 expressed his desire for an upgrade for the purpose of pursuing a degree in Culinary Arts. 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 applicant contends that an upgrade will allow him to continue serving his country as a civilian and to become an even better person. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Furthermore, it should be noted by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of a pattern of misconduct. It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 28 April 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 AR20160005147 1