1. Applicant's Name: a. Application Date: 24 January 2017 b. Date Received: 27 January 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, he was discharge because he was charged with a DUI and addiction to alcohol and pain medication. Since his discharge, he has five years sobriety and he currently is enrolled in a college using his Montgomery GI Bill. The upgrade will allow him to continue his educational benefits. In a records review conducted at Arlington, VA on 23 May 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 / General (Under Honorable Conditions) b. Date of Discharge: 11 October 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 September 2007 (2) Basis for Separation: The applicant was informed of the following reasons: He was found drunk on duty on 23 May 2006; He had failed to be at his appointed place of duty on numerous occasions; He was caught driving on post with suspended driving privileges due to two on post DUIs: one on 3 March 2007 and the other 3 June 2007; He assaulted an officer while drunk and disorderly on 10 March 2007; and, He disobeyed a lawful order not to consume any alcoholic beverages while in the ASAP program, and not to drive his POV anywhere on post on 3 June 2007. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 11 September 2007 (5) Administrative Separation Board: On 11 September 2007, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 24 September 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 March 2005 / 4 years b. Age at Enlistment / Education / GT Score: 39 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 42A10, F5 Human Resources / 16 years, 9 months, 15 days d. Prior Service / Characterizations: RA, 27 December 1990 - 4 May 1995 / HD RA, 5 May 1995 - 29 May 1997 / HD RA, 30 May 1997 - 18 November 2004 / HD RA, 19 November 2004 - 3 March 2005 / HD e. Overseas Service / Combat Service: Germany, Korea / None f. Awards and Decorations: ARCOM-6, AAM-9, AGCM-5, NDSM-2, GWOTSM, KDSM, NCOPDR-2, ASR, OSR-3 g. Performance Ratings: February 2005 - June 2005 / Among The Best July 2005 - June 2006 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 1 June 2006, for being drunk on duty with a BAC of .245 (23 May 2006); and, for failing to go to his appointed place of duty 5 and 23 May 2006. The punishment consisted of a reduction to be on-call through 4 June 2006 to supervise details or accomplish NCO level tasks in support of Bayonet Strick and 19-28 June 2006. Military Police Report, dated 15 December 2006, reflects the applicant committed the offense of Suicide Attempted (Without Intent to Avoid Service) (On Post). Military Police Report, dated 10 March 2007, reflects the applicant was apprehended for Driving Under the Influence of Alcohol (On Post); Drove Vehicle with Excessive Alcohol Content >.08 (On Post); Drunk and Disorderly (On Post); and, Driving Under the Influence of Alcohol (On Post). United States District Court Violation Notice, 10 March 2007, reflects the applicant was charged with: Drove vehicle with defective headlight; Drove vehicle with a BAC .08 or higher; and, Drove vehicle under the influence of alcohol. United States District Court Violation Notice, 3 June 2007, reflects the applicant was charged with: Failed to Drive in Single Lane (weaving); Drove vehicle with a BAC .08 or more; Drove motor vehicle under the influence of alcohol (DUI); Possessed an open alcoholic beverage container in a motor vehicle; Drove Vehicle w/o Valid Driver's License on Person; Displayed expired number plates; and, Failed to present proof of insurance upon request. Armed Forces Traffic Ticket, dated 3 June 2007, reflects the applicant was charged with: Drove against UCMJ Article 92, post driving suspension. Military Police Report, dated 3 June 2007, reflects the applicant was apprehended for: Disobey- A Lawful Order of Commanding Officer (violation of post driving privileges) (On Post). Military Police Report, dated 3 June 2007, reflects the applicant was apprehended for Driving a Vehicle with Blood Alcohol Content of 0.08 or more (On Post); Driving Under the Influence of Alcohol (On Post); Alcohol-Failed to Drive in Single Lane (weaving) (On Post); and, Drove Vehicle w/o Valid Driver's License on Person (On Post). FG Article 15, dated 7 June 2007, for disobeying a lawful order on three occasions (3 June 2007). The punishment consisted of a reduction to E-4; forfeiture of $1,031 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 20 June 2007, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: He states, he has five years sobriety and he currently is enrolled in a college. 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. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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 May 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 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 AR20170001775 1