1. Applicant's Name: a. Application Date: 28 December 2016 b. Date Received: 6 February 2017 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 he would like an upgrade of his discharge for the purpose of being able to continue his education and achieve his life goals. He contends he served honorably for three years in the Army as an Apache Helicopter Mechanic. He was never in trouble, and always did his duties. He received the Army Achievement Medal for exceeding the standard during an important deployment gunnery training exercise. He was discharged for one incident; he greatly enjoyed what he did in the Army. In a records review conducted at Arlington, VA on 11 May 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 June 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 May 2016 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully operating a motor vehicle while under the influence of alcohol on 17 January 2016. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 May 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 June 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 May 2013 / 6 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15R10, AH-64 Attack Helicopter Repairer / 3 years, 1 month d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR, AAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: General Officer Letter of Reprimand, dated 26 January 2016, for driving a motor vehicle on 17 January 2016, with a blood alcohol content of .133 percent, in violation of Tennessee law. Report of Mental Status Evaluation, dated 3 February 2016, which shows the applicant could understand and participate in any administrative proceedings and appreciate the difference between right and wrong. He met medical retention requirements IAW AR 40-501 and was therefore cleared for any administrative separation under Chapter 14-12c. Counseling statement reference recommendation for Chapter 14-12c discharge. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application. 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 seeks relief contending that he served honorably for three years in the Army as an Apache Helicopter Mechanic. He was never in trouble, and always did his duties. He received the Army Achievement Medal for exceeding the standard during an important deployment gunnery training exercise. He was discharged for one incident; he greatly enjoyed what he did in the Army. 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 and the applicant is to be commended on his accomplishments. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to continue his education and achieve his life goals. 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. It should be noted by regulation, a under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (serious offense). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 11 May 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20170001522 1