1. Applicant's Name: a. Application Date: 18 July 2016 b. Date Received: 29 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 two years after receiving his discharge he entered the US Army Reserves and has successfully completed a six year contract and received an honorable discharge from the Army Reserves. He contends at the time of being on active duty he had experienced a real difficult divorce which had cause him to make poor decision resulting in a discharge of general (under honorable conditions). He contends his current characterization of service has affected him in getting certain jobs that he has applied for even after receiving an honorable discharge from the US Army Reserves seven years ago. He has also joined a fraternity (Freemason) that have encouraged and strengthened him into becoming a better person. In return he helped many people in his community to strive to be better. He wants to be able to show and tell his children that their father is an honorable person. In a records review conducted at Arlington, VA on 27 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, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b, b. block 26, separation code changed to JKA, c. block 28, narrative reason for separation changed to Pattern of Misconduct. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 December 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 November 2003 (2) Basis for Separation: The applicant was informed of the following reasons: he neglected his dog on 9 May 2003, by securing it to a tree without water or adequate shelter, and received a warning letter from the Garrison Commander; He told his First Sergeant X on 17 July 2003, that he was in Radcliff paying a bill, when he was actually getting his vehicle windows tinted, which resulted in him receiving a Company Grade Article 15; He failed to be at his appointed place of duty at least three times, including an appointment at Trial Defense Services; He failed to keep his chain of command informed of his status when he went to the emergency room on 18 July 2003; He failed to control his dog, a pit bull on 4 October 2003, when his canine was loose in the quarter's area, and killed another dog, for which he received a Company Grade Article 15; The check he wrote to SSG M. on October 2003, for expenses related to his deceased dog was returned for insufficient funds; and He again failed to maintain control of his pit bull on 14 October 2003, when it was unrestrained in the housing area, and prevented a neighbor from exiting his quarter's, resulting in an eviction of his on-post pet privileges. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 25 November 2003, the applicant waived his rights to legal counsel (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 December 2003 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 May 2002 / 3 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 3 years, 11 months, 7 days d. Prior Service / Characterizations: RA, 6 January 2000 to 1 May 2002 / HD e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: AGCM, NDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 29 July 2003, for failure to go to his appointed place of duty on 15 July 2003 and 18 July 2003, derelict in the performance of duties on 18 July 2003, and making a false official statement to his first sergeant on 17 July 2003. The punishment consisted of reduction to E-3, forfeiture of $356.00 pay (suspended), and 14 days extra duty and restriction. CG Article 15, dated 23 October 2003, for failure to go to his appointed place of duty on 17 October 2003, disobeying a lawful order on 4 October 2003 and 14 October 2003. The punishment consisted of reduction to E-2 and 14 days extra duty. Military Police Desk Blotter, dated 9 May 2003, which show the applicant was the subject of an investigation for failure to obey order or regulation (Art 92 UCMJ); animal neglect. Military Police Report, dated 4 October 2003, which shows the applicant was the subject of an investigation for failure to obey an order or regulation, The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and separation orders from the United States Army Reserves. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has received an honorable discharge from the US Army Reserves. 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 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 seek relief contending that two years after receiving his discharge he entered the US Army Reserves and has successfully completed a six year contract and received an honorable discharge from the Army Reserves. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends at the time of being on active duty he had experienced a real difficult divorce which had cause him to make poor decision resulting in a discharge of general (under honorable conditions). 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. The applicant contends his current characterization of service has affected him in getting certain jobs that he has applied for even after receiving an honorable discharge from the US Army Reserves seven years ago. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant further contends he has also joined a fraternity (Freemason) that have encouraged and strengthened him into becoming a better person. In return he helped many people in his community to strive to be better. He wants to be able to show and tell his children that their father is an honorable person. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application. The Army Discharge Review Board is authorized to consider post-service factors in the characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian/military service subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 27 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, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b, b. block 26, separation code changed to JKA, c. block 28, narrative reason for separation changed to Pattern of Misconduct. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Pattern of Misconduct d. Change Authority to: AR 635-200, Chapter 14-12b e. Change SPD/RE Code to: Change SPD to JKA / No Change to RE code f. Restore 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 AR20160014061 1