1. Applicant's Name: a. Application Date: 24 January 2017 b. Date Received: 26 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a narrative reason change. The applicant seeks relief contending, in effect, since his discharge he has changed his overall character and approach to how he represents himself and those around him. His not so positive actions that occurred on active duty, does not correctly represent his character or values. He has matured and grown up due to this issue. He is trying to right the wrong and move forward with his military career. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant did not have a mitigating medical or behavioral health condition; however, he did have contributing marital/family and military/occupational stressors. A review of SMs electronic military medical records indicated SM was not diagnosed with a behavioral health condition while in service but he was seen by behavioral health for difficulty coping with his wife cheating on him while he was deployed. He reported feeling depressed and anxious and requested to a transfer back to his Company due to leadership concerns, isolation, and feeling picked on. In a personal appearance hearing conducted at Arlington, VA on 8 January 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include combat service, severe family matters, post-service accomplishments, behavioral health issues and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 4 December 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 26 October 2009 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; his continued misconduct and lack of potential. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 October 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 November 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 February 2008 / 3 years, 27 weeks / moral waiver (6 February 2008) b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 1 year, 9 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / SWA / Afghanistan, 5 March 2009 to 13 November 2009 f. Awards and Decorations: NDSM, ACM-2CS, GWOTSM, ASR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 12 August 2009, for failing to go at the time prescribed to his appointed place of duty (6 June 2009); and having received a lawful order from SGT H., a noncommissioned officer, "to clean and organize your room by 2100," or words to that effect, an order which it was his duty to obey, did at or near FOB Salerno, Afghanistan, willfully disobey the same (2 June 2009); reduction to PV2 / E-2, forfeiture of $366 pay (suspended) and extra duty for 14 days. Report of Mental Status Evaluation, dated 21 October 2009, relates there was no evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels. The applicant was mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. He was psychiatrically cleared for any administrative action deemed appropriate by command. The applicant received numerous negative counseling statements for various acts of misconduct; and a monthly performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; Welding Operator certificate; transcript, the University of Akron; resume, and two support statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant submitted a document that shows he earned an Associates' Degree in Criminal Justice Technology. He also was employed as an assistant plant supervisor with Central Fiber. 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 the characterization of service from general (under honorable conditions) 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 seeks relief contending, since his discharge he has changed his overall character and approach to how he represents himself and those around him. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant further contend, his not so positive actions that occurred on active duty, does not correctly represent his character or values. 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 applicant also contends, he has matured and grown up due to this issue. 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. The third party statements provided with the application speak highly of the applicant's performance. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant additionally contends, he is trying to right the wrong and move forward with his military career. Soldiers being processed for separation are assigned reentry codes based on the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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): Reference Letter - 1 page Personal Statement - 1 page b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 8 January 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include combat service, severe family matters, post-service accomplishments, behavioral health issues and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. Restore (Restoration of) 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 AR20170001513 5