1. Applicant's Name: a. Application Date: 18 January 2017 b. Date Received: 25 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. The applicant seeks relief contending, in effect, would like to use the status as a veteran to further education and needs aid to finish college. The applicant has gone six months without any type of violation. Prior to the discharge, the applicant was completing the respect mentorship program. The applicant has matured since the discharge and has adjusted character. 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) notes indicate the applicant was diagnosed with Post-Concussion Syndrome while on active duty. AHLTA documents the applicant suffered a head injury on 25 September 2013 during football practice (helmet to helmet) with subsequent headache, photophobia and decreased concentration. The VA notes that the frontal systems testing indicated the applicant's ratings pre- and post-injury suggest behavioral changes. As the applicant's Basis for Separation is not in file, no statement regarding medical mitigation can be made. In a records review conducted at Arlington, VA on 1 August 2018, and by a 3-2 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: Misconduct / AR 210-26 / Paragraphs 6-9 and 6-14 / NA / General (Under Honorable Conditions) b. Date of Discharge: 2 April 2015 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 July 2014 / 22 July 2021 / USARCG / USMA / West Point b. Age at Enlistment / Education / GT Score: 19 years / 1st year cadet / NA c. Highest Grade Achieved / MOS / Total Service: Cadet / None / 1 year, 8 months, 10 days d. Prior Service / Characterizations: USMAPS, 23 July 2013 to 1 July 2014 / HD e. Overseas Service / Combat Service: NA f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NA 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation AR 210-26, paragraphs 6-9 and 6-14, set forth the basic authority for separation of Service Academy Attendees by reason of misconduct. Chapter 6, paragraph 6-9 states Cadets are required to act as leaders of character. They are not only to abstain from all vicious, immoral, and irregular conduct, but they are also enjoined to conduct themselves upon every occasion with the propriety and decorum characterizing a society of ladies and gentlemen. Cadets who conduct themselves in a manner unbecoming an officer and a lady or gentleman may be separated from the Military Academy and awarded punishments under paragraph 6-4 of this regulation. Paragraph 6-14, states a cadet who commits an offense punishable under the UCMJ by confinement for a term of 6 months or more may be separated from the Military Academy and awarded punishments under paragraph 6-4 of this regulation. Chapter 6 identifies the reason for separation of cadets who are discharged under the provisions of these paragraphs as misconduct. 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 available record of service and the issues submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from USMA, West Point. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 210-26, paragraphs 6-9 and 6-14, by reason of misconduct, with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of 092-001 / 2 April 2015 (i.e., misconduct) with a reentry eligibility (RE) code of NA. The applicant seeks relief contending, he would like to use his status as a veteran to further his education and he needs aid to finish college. 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 further contends, he has gone six months without any type of violation; and prior to his discharge he was completing the respect mentorship program. The applicant is to be commended for his efforts. However, the 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 also contends, he has matured since his discharge and adjusted his character. 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. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 1 August 2018, and by a 3-2 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 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 AR20170001553 1