1. Applicant's Name: a. Application Date: 19 December 2016 b. Date Received: 22 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he has been trying for the last ten years to make his life better, but his discharge always holds him back. He has been in and out of homeless shelters and he desires an upgrade in order to gain employment and get off of the streets. In a records review conducted at Arlington, VA on 23 March 2018, 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 / Chapter 14-12b / JKA / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 1 February 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 December 2001 (2) Basis for Separation: The applicant was informed of the following reasons: His constant disobedience; He was constantly FTR; He was involved in theft of another Soldier's checks; and, He had received two Article 15s. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 13 December 2001 (5) Administrative Separation Board: On 13 December 2001, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 25 January 2002 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 July 1999 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Logistics Automation Specialist / 2 years, 5 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 29 January 2001, for on diverse occasions between on or about 20 October 2000 and on or about 15 November 2000, with intent to defraud, falsely pretend to be the owner of a personal identification number issued by AT&T, then knowing that the pretenses were false, and by means thereof did wrongfully obtain from AT&T phone company services, of a value of $20.07, to wit: telephone services. The punishment consisted of a reduction to E-2; and, an oral reprimand. Drug Testing Laboratory results, dated 7 May 2001, reflects the applicant tested positive for THC (marijuana), from a urine sample collected on 25 April 2001. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 7 May 2001; and, From "AWOL" to "PDY," effective 11 May 2001. An unexecuted FG Article 15, dated 24 May 2001, for being AWOL (between 7 and 11 May 2001); for wrongfully using marijuana (between 27 March and 25 April 2001); and, for possessing some amount of marijuana (between 27 March and 25 April 2001). The punishment consisted of a reduction to E-1; forfeiture of $633 pay per month for two months (suspended); and, extra duty and restriction for 45 days. CID Report, dated 10 October 2001, reflects the applicant was named as a subject in an investigation for: False Swearing; Conspiracy; Forgery and Larceny of Private Property. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 4 days (AWOL, 7 May 2001 - 10 May 2001) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 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 under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, the issues and documents 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. 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 contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that he is currently homeless and needs help. However, eligibility for housing supportive program benefits for Veterans 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. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. 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 23 March 2018, 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. Change SPD Code to: No Change f. Change RE Code 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 AR20170000461 1