1. Applicant's Name: a. Application Date: 15 June 2016 b. Date Received: 14 July 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, that he would like an upgrade of his discharge for the purpose of obtaining auto insurance, being able to reenlist, and VA medical evaluation. He contends he has matured and was told he was going to get an honorable discharge. He is trying to live a productive life but his current characterization of service is holding him back. In a records review conducted at Arlington, VA on 15 September 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: 12 September 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 August 2007 (2) Basis for Separation: The applicant was informed of the following reasons: multiple alcohol related incidents, frequent instances of failing to report at the prescribed time and failing to obey and show respect to noncommissioned officers. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 August 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 August 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 June 2006 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 9 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM-2, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment, which shows the applicant was command referred as a result of an unexcused absence and drinking on duty. FG Article 15, dated 11 December 2006, for failing to go at the time prescribed to his appointed place of duty on 28 November 2006, being derelict in the performance of his duties on 28 November 2006, and wrongful previous of overindulgence in intoxicating liquor or drugs incapacitating the performance of his duties on 28 November 2006. The punishment consisted of reduction to E-1, forfeiture of $636 pay per month for two months (suspended), and 45 days extra duty and restriction. Record of Supplementary Action Under Article 15, UCMJ, dated January 2007, vacated the suspension of punishment of forfeiture of $636.00 pay per month for two months imposed on 11 December 2006. The vacation was based on the applicant breaking restriction on 20 December 2006. CG Article 15, dated 26 February 2007, for breaking restriction on 15 December 2006. The punishment consisted of forfeiture of $303.00 pay for one month (suspended), 14 days restriction, and 7 days extra duty. Record of Supplementary Action Under Article 15, UCMJ, dated 1 June 2007, vacated the suspension of punishment of forfeiture of $303.00 pay per month for one month imposed on 26 February 2007. The vacation was based on the applicant drinking alcohol while under the legal drinking age. Clarksville Police Department Supplement Incident Report, which indicates the applicant was the subject of investigation for resisting arrest, consuming alcohol under age, and aggravated burglary. Report of Mental Status evaluation, dated 1 August 2007, which shows the applicant had no evidence of a psychiatric condition, which would prevented him from participating in any legal or administrative actions. 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. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: Civilian Confinement 164 days (24 March 2007 to 3 September 2007) 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 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 seeks relief contending that since his discharge he has matured and that he was told he was going to get an honorable discharge. He is trying to live a productive life but his current characterization of service is holding him back. The applicant's contentions were noted; however, there is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was told he was going to get an honorable discharge. The applicant's notification memorandum shows he was aware of a recommendation of general (under honorable conditions) by his unit commander. Also, the applicant's two Articles 15 and numerous negative counseling statements justify a discharge for 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 applicant expressed his desire for an upgrade of his discharge for the purpose of obtaining auto insurance, being able to reenlist, and VA medical evaluation. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Further, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 15 September 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 AR20160012978 2