1. Applicant's Name: a. Application Date: 11 September 2016 b. Date Received: 21 September 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 and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would allow him to use the Post 9/11 GI Bill educational benefits as he is in need of financial assistance while attending school. He is currently a full time student, a freshman at a university and an MS 1 cadet with the Army ROTC. At the time of his service, he was not mature enough for the responsibility and trust bestowed upon him by his leaders. He has realized that with every counseling and any unfavorable circumstances caused by his immaturity, there was a physical and mental price to pay. He endured every embarrassing moment and every exhausting day with a smile, not because it was of no consequence but because he knew no matter what he endured he would return the next day committed to continuing his volunteer duty as a Nightstalker. He stepped up to and completed every training course, every deployment, and every challenge as he made his way to becoming a Fully Mission Qualified crew-member. Aside from his counseling, he requests consideration of the list of awards and decorations bestowed upon himself, including Army Good Conduct Medal, the training course successfully completed, and his status as a volunteer in the world greatest HAF(Helicopter Assault Force). As he moves on, into this new chapter of life, he wishes to no longer hold his head low when asked about his prior service. He is proud of his time in service as the detail of his life, yet the proof of his life's greatest disappointment. The unfavorable consideration from potential employers and other Veterans will never unsettle him and the lamentations caused by his current discharge will forever haunt him. In a records review conducted at Arlington, VA on 29 November 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 March 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 January 2012 (2) Basis for Separation: The applicant was informed of the following reasons: failing to report on eight separate occasions between 4 February 2010 and 12 September 2011; missing movement on 27 February 2011; being arrested for public intoxication on 16 May 2011; failing to make payments on government travel credit card on 8 June 2011; failing to maintain accountability of secure compound badge on 12 September 2011; failing to make payment on AAFES Military Star account on 1 November 2011; and failing to perform FOD check on 1 November 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 2 February 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 February 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 August 2007 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 119 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15U10, CH-47 Helicopter Repairer / 4 years, 6 months, 19 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (6 April 2010 to 14 July 2010), (16 November 2010 to 15 January 2011), and (15 September 2011 to 28 December 2011) f. Awards and Decorations: AM-2; AGCM; NDSM; ACM-2CS-2; GWOTSM; KDSM; ASR; OSR; CAB; MUC; USA/USAF PU g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for having his charge check cashing privileges revoked by AAFES; failing to make payment on his military star account; failing to perform a FOD (Foreign Object Damage) check; failing to be at his appointed place of duty at the prescribed time on numerous occasions; failing to be responsible and accountable for his sensitive items; failing to follow instructions and never reporting; failing to shave; lapsing in payment of his government credit card; being arrested for public intoxication, assault, and vandalism; and missing movement. CG Article 15, dated 10 March 2011, for failing to go to his appointed place of duty at the prescribed time on 4 February 2011, The punishment consisted of a reduction to E-3, 14 days of extra duty, and an oral reprimand. Report of Mental Status Evaluation, dated 11 January 2012, remarked that the applicant did not meet the criteria for a mental health diagnosis and that he is mentally competent and understands the proceedings. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 11 September 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is currently a full time student, a freshman at a university and an MS 1 cadet with the Army ROTC. 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 and to change the narrative reason for his discharge. 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 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 duty performance, such that he should have been retained on Active Duty. The applicant has expressed his desire to have better job opportunities as his current discharge is not favorably considered by potential employers and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veterans' 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 applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12b is "Pattern of Misconduct," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 29 November 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 AR20160015508 4