1. Applicant's Name: a. Application Date: 17 March 2017 b. Date Received: 20 March 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, the initial enlistment was four years, then reenlisted and received an honorable discharge for the first term. The DD Form 214 does not reflect the applicant received an honorable discharge. The applicant desires to use GI Bill benefits. In a personal appearance hearing conducted at Arlington, VA on 20 May 2019, 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 21 November 2005 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 7 November 2005 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he had repeated incidents of insubordinate conduct toward his Chain of Command; he was charged with malicious mischief, criminal trespassing, eluding a police vehicle and resisting arrest (22 June 2005); he was arrested for driving under the influence, which was later reduced to negligent driving (9 September 2005); and he received a FG Article 15 on 12 October 2005. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 November 2005 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board, if his service is characterized no less favorably than honorable. However, the applicant was not entitled to an administrative separation board. (6) Separation Decision Date / Characterization: 8 November 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 August 2005 / 3 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B1V, Infantryman / 4 years, 3 months, 15 days d. Prior Service / Characterizations: RA, 7 August 2001 to 8 August 2005 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, GWOTSM, NOPDR, ASR, EIB, RNGR TAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 12 October 2005, for having received a lawful command from CPT J.J., his superior commissioned officer, not to consume any alcohol, or words to that effect, did willfully disobey the same (1 September 2005); and operate a passenger car while the alcohol concentration in his blood was 0.20 grams of alcohol per 100 milliliters of blood or greater (25 August 2005); reduction to SPC / E-4, forfeiture of $897 pay for two months; extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 13 October 2005, relates the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in administrative and judicial proceedings. He was cleared for any administrative actions deemed appropriate by command. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 14 October 2005, revealed the applicant was apprehended by civilian law enforcement officials in Tacoma, Washington, for suspicion of driving under the influence of alcohol. A breathalyzer test was administered and resulted in a finding of .186 grams of alcohol per 210 liters of breath. The applicant received several negative counseling statements for various acts of misconduct; pass revocation being recommended for separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); memorandum for commander, reference to the GI Bill; and applicant's statement regarding the GI Bill. 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 14-12b 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 she should have been retained on Active Duty. The applicant seeks relief contending, in effect, his initial enlistment was four years; he reenlisted and received an honorable discharge for his first term; his DD Form 214 does not reflect he received and honorable discharge. Block 18, Remarks on the applicant's DD Form 214 relates the applicant was discharged from service on temporary records and his affidavit. A DD Form 215 would be issued to provide missing information. Applicant had completed first full term of service. The applicant desires to use his GI Bill benefits. 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 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): Army Ranger Lead the Way Fund - 1 Page Ranger Tab Orders - 1 Page Joint Services Transcript - 3 Pages b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 20 May 2019, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20170005367 3