1. Applicant's Name: a. Application Date: 14 April 2016 b. Date Received: 15 April 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, the character of his discharge was a result of the hostile environment in his unit, which was intolerant of a young person's mistakes. The slightest infraction was treated with the seriousness beyond the actual circumstances. His leadership took no responsibility or interest in mentoring him. He received one company grade Article 15, from which he could not recover. Being young and left uninformed, he did not understand the Army or the full extent of the paperwork he was required to sign. He was left on his own without any proper guidance. When he sought guidance from the Chaplin, his chain of command counseled him for going, but they were not concerned about the reasons why he felt the need to see the Chaplin. He went AWOL because he needed his family. He turned himself in because he still wanted to be a Soldier, but when he returned to his unit, things were worse. He found himself being processed out without any explanation. He is now 29 years old, married to an Air Force Veteran, with three daughters. He would like the opportunity to change the character of his discharge to set an example for his daughters. In a records review conducted at Arlington, VA on 9 June 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 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 August 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 July 2007 (2) Basis for Separation: The applicant was informed of the following reasons: AWOL on two occasions; failed to report to his place of duty on four occasions; and, disobeyed a lawful order from a noncommissioned officer. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 July 2007 (5) Administrative Separation Board: The applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. However, the applicant was not entitled to an administrative separation board. (6) Separation Decision Date / Characterization: 23 July 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 April 2006 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92G10, Food Service Operations / 1 year, 2 months, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 30 January 2007, for failing to go at the time prescribed to his appointed place of duty (2 November 2006, 16 and 22 January 2007); and, disobeyed a lawful order (19 January 2007). The punishment consisted of a reduction to E-1 (suspended); forfeiture of $303 pay (suspended); and, extra duty for 14 days. On 1 March 2007, the suspended portion of the punishment was vacated. The vacation was based on the applicant failing to go at the time prescribed to his appointed place of duty and for going from his appointed place of duty on 21 February 2007. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 22 March 2007; From "AWOL" to "PDY," effective 19 April 2007; From "PDY" to "AWOL," effective 27 April 2007; and, From "AWOL" to "PDY," effective 28 April 2007. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 28 days (AWOL, 22 March - 18 April 2007 / 27 April 2007) / NIF 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 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 have been retained on active duty. The applicant contends that his unit was a hostile environment that affected his behavior and ultimately caused him to be discharged. However, the applicant 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. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. The applicant contends that he was processed out of the Army without any explanation. 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 applicant contends that he was young at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 9 June 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160008166 3