1. Applicant's Name: a. Application Date: 9 March 2016 b. Date Received: 21 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 for employment purposes, which will help improve his care for his family. The applicant contends that he performed all jobs assigned without incident until the misconduct in July 2010. The applicant believes the Article 15 was too harsh based on his prior job performance. 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 1 October 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 August 2010 (2) Basis for Separation: The applicant was informed of the following reasons: received 20 event oriented counseling statements for failing to report to extra duty, disrespecting his noncommissioned officer, and losing his passport; and, received three Articles 15 for receiving a DUI, failing to report for duty, and refusing to perform his extra duty. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 August 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2008 / 5 years b. Age at Enlistment / Education / GT Score: 21 / GED / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 3 years, 5 months, 15 days d. Prior Service / Characterizations: RA, 17 April 2007 to 29 December 2008 / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Record of Proceedings Under Article 15, UCMJ, dated 25 March 2008, for failing to go at the time prescribed to his appointed place of duty (19 January 2008). The document makes reference to a continuation sheet; however, the continuation sheet was not found in the available record. The punishment consisted of 14 days extra duty and restriction. Military Police Report, dated 17 April 2010, reflects the applicant was the subject of an investigation for drunken driving. General Officer Memorandum of Reprimand, date 16 May 2010, for driving under the influence of alcohol on 17 April 2010 with a BAC of 0.132 when the legal limit was .0.05. FG Article 15, dated 2 July 2010, for physically controlling a vehicle while drunk (17 April 2010). The punishment consisted of reduction to E-3 and 45 days extra duty and restriction. FG Article 15, dated 6 August 2010, for failing to go at the time prescribed to his appointed place of duty on divers occasions (7, 8, 9, 10, 11, 12, 14, 19 and 20 July 2010). The punishment consisted of reduction to E-1, forfeiture of $723 pay per month for two months, and 45 days extra duty and restriction. 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: Report of Behavioral Health Evaluation, dated 27 July 2010, reflects the applicant was diagnosed with (Axis I) H/O alcohol abuse. It was noted that the applicant had the mental capacity to understand and participate in the proceedings, was mentally responsible, and met the retention requirements of Chapter 3, AR 40-501. He was psychiatrically cleared for any administrative action deemed appropriate by his command. 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 an upgrade of his discharge will allow him to obtain better employment, which will help improve his care for his family. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities The applicant contends that he performed all jobs assigned without incident until the misconduct in July 2010. 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 believes the Article 15 was too harsh based on his prior job performance. 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. In fact, the applicant's three Article 15s and numerous negative counseling statements justify a pattern of misconduct. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The character of the applicant's discharge is commensurate with his overall service record. 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 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 AR20160006444 1