1. Applicant's Name: a. Application Date: 21 June 2016 b. Date Received: 23 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he was discharged more than a year ago and has not gotten in any trouble. In a records review conducted at Arlington, VA on 06 September 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24 contains an erroneous entry. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, characterization of service changed to General (Under Honorable Conditions) (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 / Under Other Than Honorable Conditions b. Date of Discharge: 17 November 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 8 October 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he demonstrated a pattern of misconduct that is to the prejudice of good order and discipline and is of a nature to bring discredit upon the armed forces; by failing to report to his appointed place of duty on diverse occasions and missed appointments. He was counseled and given an Article 15, yet he continued to struggle with deportment and accountability. (3) Recommended Characterization: General, (Under Honorable Conditions) (4) Legal Consultation Date: 17 October 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 October 2014 / General, (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 March 2013, 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13B10, Cannon Crewmember / 1 year, 8 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 2 September 2014, revealed the applicant reported no significant symptoms of depression or anxiety. At the time, he did not exhibit any significant Axis I or Axis II diagnosis per the DSM-IV-TR. Per AR 40-50, chapter 3, he was fit for full duty and worldwide deployable from a psychiatric perspective and he was cleared for Chapter proceedings from the MSE perspective, Chapter 14-12b. FG Article 15 dated, 19 September 2014, for without authority, failed to go at the time prescribed to his appointed place of duty x2 (19 August 2014 and 20 August 2014); reduction to PVT / E-1, forfeiture of $332 pay for two months (suspended); extra duty and restriction for 45 days. He received several negative counseling statements for various acts of misconduct and being notified of pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 she should have been retained on Active Duty. The applicant seeks relief contending, he was discharged more than a year ago and has not gotten in any trouble. The US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. Further, the applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, characterization of service as under other than honorable conditions. The discharge packet confirms the separation authority approved a general (under honorable conditions) characterization of 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 06 September 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24 contains an erroneous entry. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, characterization of service changed to General (Under Honorable Conditions) 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20160011538 1