1. Applicant's Name: a Application Date: 14 March 2016 b. Date Received: 18 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 and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, he was having marital problems at the time and had to wait an extra week to fly out, as it was the only flight a week from Alaska to Hawaii. Also no one met him at the flight which they were supposed to have scheduled someone. In a records review conducted at Arlington, VA on 2 June 2016, 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: 21 January 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 November 2009 (2) Basis for Separation: The applicant was informed of the following reasons: receiving a FG Article 15 on 28 August 2009, for being AWOL from 27 June 2009 until 18 July 2009; being found guilty of sleeping while posted as a sentinel at the South Gate ECP, Camp Ramadi, Iraq, and disobeying a lawful order by LTC J, for the applicant to remain in uniform while posted as a sentinel; and picking up a smoke grenade from a box of grenades in the guard tower at Camp Ramadi, Iraq and assuming it was a dud pulled the pin, and dropped it on 9 December 2009. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 November 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 December 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 May 2007 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 126 c. Highest Grade Achieved / MOS / Total Service: E-3 / 21B10, Construction Equipment Operator / 3 years, 3 months, 26 days d. Prior Service / Characterizations: USAR (9 September 2006 to 21 September 2006) / NA IADT (22 September 2006 to 1 March 2007) / HD USAR (2 March 2007 to 2 May 2007) / NA e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (14 August 2007 to 17 May 2008) f. Awards and Decorations: NDSM; GWOTSM; ICM-CS; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum, dated 18 December 2007, subject: Findings of 15-6 Investigation (and its associated documents), provided the findings of the investigating officer after being appointed to investigate an assault and event surrounding the assault at South Gate Tower. Charge Sheet reflecting that on 20 January 2008, charges were preferred and referred to trial by a summary court-martial on 21 January 2008. Record of Trial by Summary Court-Martial and its associated documents indicate that on 2 April 1008, the applicant was found guilty of the following charges: The sentence consisted of 14 days of extra duty and restriction. Charge II: Violation of Article, 113, UCMJ, for sleeping upon his post while posted as a sentinel on 3 December 2007. Charge IV: Violation of Article 92, UCMJ (Specification 1), for disobeying LTC J, on 9 December 2007. Negative counseling statements for violating tower guard SOP; failing to follow instructions; not being in the proper place of duty; being out of uniform while on duty at the Tower; and falling asleep while on tower guard duty. Report of Mental Status Evaluation, dated 18 August 2009, indicates the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. i. Lost Time / Mode of Return: 21 days (AWOL: 27 June 2009 to 17 July 2009) / Returned to his unit j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 14 March 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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 and the issues submitted with his application were carefully reviewed. The record further 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. By the incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. 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 family issues such as having marital problems at the time, affected his behavior and ultimately led him to his discharge. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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. The character of the applicant's discharge is commensurate with his overall service record. 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 2 June 2016, 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160006700 4