1. Applicant's Name: a. Application Date: 18 November 2016 b. Date Received: 19 December 2016 c. Counsel: Mary H. Collins 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, realizes life and career got messed up. The applicant has paid the dues to the military and society and is trying to move forward with life and a career. An upgrade would make a difference and would allow receipt of the GI Bill and attend college to work on occupation goals. The applicant would be able to seek medical assistance at a VA medical center. The applicant served over 10 years paying dues to society, which gave the applicant time to reflect on the mistakes and goals. The applicant wants to change life and believes an upgrade would make a great difference in the path the applicant chooses. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 20 June 2011. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder with anxiety and Occupational Problem. The applicant is 70% service-connected from the VA. The VA has diagnosed the applicant with Adjustment Disorder, Anxiety Disorder and Antisocial Personality Disorder. In summary, although the applicant has a BH diagnosis, it is not mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 8 April 2019, 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 / General (Under Honorable Conditions) b. Date of Discharge: 24 March 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 March 2008 (2) Basis for Separation: The applicant was informed of the following reasons: He had been counseled on numerous occasions and had received punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for his misconduct. His acts of misconduct ranged from aggravated assault; criminal use of a deadly weapon; failure to report to his appointed place of duty on numerous occasions; disrespectful in language towards a noncommissioned officer; disobeying a noncommissioned officer on numerous occasions. His actions were not in keeping with the high standards of the United States Army. The commander believed it was in the best interest of the United States Army that the applicant be separated prior to his expiration of term of service. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 March 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 March 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 January 2006 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / 89B10, Ammunition Specialist / 2 years, 1 month, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 20 July 2007, for failing to go at the time prescribed to his appointed place of duty (between 21 May 2007); for disrespectful in language toward a noncommissioned officer, by saying "fuck you Sergeant," or words to that effect (9 May 2007); and, for willfully disobeying a lawful order to bring his privately owned vehicle in for inspection (21 May 2007). The punishment consisted of a reduction to E-2; forfeiture of $340 pay; restriction for 7 days and an oral reprimand. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 18 April 2007; and, From "PDY" to "AWOL," effective 28 April 2007. Military Police Report, dated 13 January 2008, reflects the applicant was apprehended for Aggravated Assault (On Post); and, Criminal Use of Weapon (On Post). Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 9 days (AWOL, 18 April 2007 - 27 April 2007) / 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 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 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 would allow educational benefits through the use of the GI Bill and medical care through the VA. 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 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 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 8 April 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a 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 / 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 AR20170000632 3