1. Applicant's Name: a. Application Date: 8 March 2017 b. Date Received: 8 April 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, that the applicant's bearing has changed significantly, has been employed for over four years, the ability to communicate with family and friends, and co-workers is at the highest, and even the applicant's father relations have changed for the good. 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) record indicates the applicant was diagnosed with Adjustment Disorder. The applicant was found to have a normal MSE and was cleared for administrative proceedings by Behavioral Health (BH). VA records indicate the applicant has not made contact with the VA. Based on the available documentation, the applicant does not have a mitigating BH condition for the misconduct that led to separation. In a records review conducted at Arlington, VA on 3 August 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 December 2011 (2) Basis for Separation: The applicant was informed of the following reasons: Being disrespectful towards a commissioned officer, disobeying a lawful order from a commissioned officer, Communicating a threat to two noncommissioned officer to strike or hurt your commander; and Failing to report to an accountability formation (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 December 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 December 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 January 2011 / 3 years, 24 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / / 92Y1P, Unit Supply Specialist / 10 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 9 December 2011, for failing to go at the time prescribed to his appointed place of duty, being disrespectful to a commissioned officer, disobeying an lawful order from a commissioned officer, and communicating to First Sergeant L.T., and Staff Sergeant J.H.., a threat to strike or hurt Captain W.C.S., on 29 November 2011. The punishment consisted of reduction to E-1, forfeiture of $300 pay per month for two months (suspended), and extra duty for 45 days. CID Report, dated 20 December 2011, which shows the applicant was the subject of investigation for robbery. A negative counseling statement for various acts of misconduct. i. Lost Time / Mode of Return: Civilian Confinement, 25 days (18 December 2011 to 11 January 2012) / j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 6 December 2011, which shows the applicant was diagnosed with Axis I for phase of life problems. It was noted that there was no evidence of mental defect, emotional illness, or psychiatric discord of sufficient severity to warrant disposition through military medical channels. The applicant was mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. 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 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 his bearing has changed significantly, he has been employed for over four years, his ability to communicate with family and friends, and co-works is at the highest, and even his father relations have changed for the good. The applicant's post- service accomplishments have been noted as outlined on the application and the applicant is to be commended on his accomplishments. However, the issue the applicant submitted are 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 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 3 August 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 AR20170009576 1