1. Applicant's Name: a. Application Date: 15 February 2017 b. Date Received: 21 February 2017 c. Counsel: None 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, knows a mistake was made the night the applicant was pulled over and received a Driving While Intoxicated (DWI). The applicant was a great Soldier in a career with the Army and went beyond the call of duty. The applicant did not focus on oneself, but rather the Soldiers the applicant mentored and spoke to personally. The Soldiers knew where the applicant stood and that the applicant would be there for them. The applicant gave nearly 10 years of life and it was something the applicant enjoyed. The applicant is sadden to know that the applicant cannot hang any memorabilia, awards or honors, because of lacking a honorable discharge. In a records review conducted at Arlington, VA on 13 June 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: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 18 April 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 March 2013 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: On 10 November 2012, he was cited for driving under the influence of alcohol with a B.A.C of 0.09 percent, for making a false official statement in his Response to Memorandum of Reprimand by stating that this was his only act of misconduct in his nine years in the Army, or words to that effect, and for being found guilty of driving under the influence of alcohol or controlled substance in Fairbanks, Alaska. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 26 February 2013 (5) Administrative Separation Board: On 26 February 2013, 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: On 25 March 2013, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14- 12c(2), Misconduct (Drug Abuse). / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 February 2010 / 6 years b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-6 / 15J3P, OH-58D Armament / Electrical / Avionics Systems Repairer / 9 years, 6 months, 26 days d. Prior Service / Characterizations: RA, 23 September 2003 - 9 March 2006 / HD RA, 10 March 2006 - 10 February 2010 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (17 May 2005 - 5 April 2006); Iraq (16 July 2008 - 13 July 2009) f. Awards and Decorations: ACM-3CS, AM, ARCOM-3, AAM-4, MUC, AGCM-2, NDSM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR-3, NATOMDL g. Performance Ratings: 1 June 2009 - 4 May 2010 / Fully Capable 5 May 2010 - 31 March 2011 / Among The Best 1 April 2011 - 31 March 2012 / Among The Best 1 April 2012 - 28 February 2013 / Marginal h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum Of Reprimand, dated 15 November 2012, for driving under the influence of alcohol. On 10 November 2012, he was stopped by police, for driving in excess of the posted speed limit. During the course of the stop, the police officer detected the odor of alcohol coming from his vehicle. A breathalyzer test was administered which determined his blood alcohol content to be .09 percent. This was over the legal limit authorized to operate a motor vehicle in the state of North Carolina. As a noncommissioned officer in the U.S. Army, his actions were unacceptable and would not be tolerated. i. Lost Time / Mode of Return: None 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 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. 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 he had good service which included two combat tours. 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. The applicant is to be commended for his accomplishments. 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 13 June 2019, 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 AR20170003560 1