1. Applicant's Name: a. Application Date: 28 January 2016 b. Date Received: 15 March 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, he would like an upgrade of his discharge for the purpose of improving his employment opportunities. He contends his current discharge includes CSC. When applying for a job he had to prove he was not discharged for CSC. In a records review conducted at Arlington, VA on 10 May 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: 25 July 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 July 2012 (2) Basis for Separation: After an investigation, it was determined that the applicant married H.N. on 2 November 2011, while he was still married to K.K.; he believed he was divorced after a conversation with K.K., on 1 October 2011, however, he failed to ascertain if the divorce decree was finalized through the court system and never possessed a valid divorce decree before he married H.N. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 10 July 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 July 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 October 2011 / 3 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68S10, Preventive Medicine Specialist / 5 years, 10 months, 27 days d. Prior Service / Characterizations: RA, 29 August 2006 to 1 October 2008 / HD RA, 2 October 2008 to 5 October 2011 / HD e. Overseas Service / Combat Service: SWA / Iraq (29 October 2007 to 11 December 2008) f. Awards and Decorations: ARCOM, AAM-3, MUC, VUA, AAGCM, NDSM, GWOTSM, HSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Commander's Inquiry Findings and Recommendations, dated 25 April 2012. FG Article 15, dated 27 June 2012, for wrongfully marrying H.N., having at the time of his said marriage to H.N., a lawful wife then living, to wit: K.K. The punishment consisted of forfeiture of $1,133 pay (suspended) and 45 days restriction. Army Substance Abuse Program (ASAP) Enrollment, dated 21 January 2010, which indicates the applicant refused treatment. Report of Mental Status Evaluation, dated 12 June 2012, reflects the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. 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: 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 14-12c 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 of his discharge for the purpose of improving his employment opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 10 May 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 AR20160005775 3