1. Applicant's Name: a. Application Date: 20 July 2016 b. Date Received: 25 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, an upgrade would allow him to use his Post 9/11 GI Bill to return to school. In a records review conducted at Arlington, VA on 25 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: Misconduct (Civil Conviction) / AR 635-200, Chapter 14, Section II / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons: He was convicted of four counts of domestic violence, in which he physically assaulted his wife, a felony under Washington State law. On 13 March 2012, he was issued a Bench Warrant for failure to comply with his adjudged punishment. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 March 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 March 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 August 2009 / 3 years, 4 months, 19 weeks (On 6 September 2011, the applicant extended four months.) b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 6 months, 1 day d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (1 January 2010 to 8 June 2010) f. Awards and Decorations: NDSM; ICM-CS; ASR; MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Behavioral Health Evaluation, dated 31 January 2012 shows that the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. Two sets DA Forms 4187 (Personnel Actions) show that the applicant's duty status changed from PDY to CCA (Civil Confinement) on 23 March 2012, and from CCA to PDY on 26 March 2012; from PDY to CCA on 16 November 2011, and from CCA to PDY on 14 January 2012. Civilian Court Bench Warrant, dated 13 March 2012, indicates an order to apprehend the applicant was issued. Civilian Court First Amended Information, dated 28 December 2011, shows charges of Court I for tampering with a witness/domestic violence; Court II for an assault in the fourth degree/domestic violence; Count III, separate and apart from Count II, for assault in the fourth degree/domestic violence; Count IV for violation of pretrial no contact order/domestic violence; and Count V, separate and apart from Count IV for violation of pretrial no contact order/domestic violence. Civilian Court Felony Judgment and Sentence, dated 5 December 2012, shows the applicant was sentenced and ordered to pay a total $900 monetary fee; not to have contact with Ms. X for five years; three months confinement for Count I and 364 days each for Counts II through V, but the sentence for Counts II through V were suspended for 24 months, and that he would serve up to 12 months in community custody, including completing state certified domestic violence treatment program. i. Lost Time / Mode of Return: 62 days (Civil Confinement: 16 November 2011 to 13 January 2012, for 59 days, and 23 March 2012 to 25 March 2012, for 3 days) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 20 July 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service and the issues 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 serious 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 sufficient evidence that the applicant's service mitigated the misconduct or poor performance, such that he should have been retained on Active Duty. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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. 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 25 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 AR20160013978 4