1. Applicant's Name: a. Application Date: 12 January 2016 b. Date Received: 10 May 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, his request in 2004 to the National Archives / National Personnel Records Center in St. Louis, MO, did not have any military record of service, but were able to send a basic DD Form 214. (The applicant inquired about an award, but provided no further information.) In a records review conducted at Arlington, VA on 26 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, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 August 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 June 2004 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant negligently discharged his weapon in the field. He failed to be at his appointed place of duty at the prescribed time on 10 separate occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 7 June 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 August 2002 / 3 years, 5 months (enlistment extended by five months on 13 January 2003) b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 7 months, 17 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being recommended for an involuntary separation since he returned from his DFR status; being AWOL on two separate occasions; breaking restriction; being recommended for a UCMJ action; failing to be at his appointed place of duty at the prescribed time; accidentally/negligently discharging his weapon; continued pattern of unacceptable behavior; and being dropped from roll. FG Article 15, dated 27 May 2004, for negligently discharging his weapon on 22 September 2003; failing to be at his appointed place of duty at the prescribed time on seven separate occasions on 3, 6, 7, and 27 October 2003, 16 February 2004, and 29 and 30 March 2004; and absenting himself from his unit without authority and with intent to avoid deploying to Iraq with his unit on three separate occasions on 28 October 2003 until 11 February 2004, on 17 February 2004 until 1 March 2004, and on 21 March 2004 until 26 March 2004. The punishment consisted of a reduction to E-1, forfeiture of $596 pay per month for two months (suspended), and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: 119 days (AWOL: 28 October 2003 to 10 February 2004, for 106 days) and (17 February 2004 to 29 February 2004, for 13 days)) / Applicant returned to his unit j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 12 January 2016; Pre-Separation Counseling Checklist; Record of Emergency Data; and page 2 of SGLI Election Certificate. 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 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. 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 his DD Form 214 is very basic and inquired about an award. However, if the applicant is requesting any awards to be added on to his DD Form 214, such changes to the DD Form 214 do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 26 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 AR20160008862 3