1. Applicant's Name: a. Application Date: 9 June 2017 b. Date Received: 23 June 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, was under psychiatrist care and was starting on anxiety medications and sleeping medications when discharged. The applicant was not given the rehabilitation program which was supposed to be given. The applicant stayed under the same chain of command instead of being sent where the applicant could have received help. The discharge packet was sent back twice due to a lack of reason for discharge. Also it was reported incorrectly that the applicant had no prior enlistment, when in fact, the applicant had already reenlisted twice and was on a third reenlistment. The lawyer appointed to the applicant was Captain A.A., who friends with the Captain who was prosecution attorney asking for the discharge. The applicant also fell under RCP but was discharged anyway. 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), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Occupational Problems, Antisocial Personality Traits, and Adjustment Disorder. The applicant is not service-connected for BH diagnoses. The VA has diagnosed the applicant with Unspecified Anxiety Disorder and Insomnia. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 4 September 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 September 2014 (2) Basis for Separation: The applicant was informed of the following reasons: being absent from his unit from 30 May 2014, until his return on 31 May 2014; Failure to report on several occasions between 29 May 2014 and 21 July 2014; Being caught sleeping while on duty 29 July 2014; and Being caught speeding on 6 August 2014. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 9 September 2014, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than honorable. On 14 November 2014, the applicant's offer to waive his right to an administrative separation board conditioned upon receiving an Honorable Conditions characterization of service was disapproved. On 11 December 2014, the applicant was notified to appear before an administrative separation board. (5) Administrative Separation Board: On 22 January 2015, the board recommended that the applicant be separated from the service with a characterization of service of general (under honorable conditions) (6) Separation Decision Date / Characterization: On 26 January 2015, the separation authority having reviewed the administrative separation board proceedings pertaining to the applicant, directed that the applicant be discharged from the United States Army with a characterization of service of General (Under Honorable Conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 May 2012 / 5 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92G1P, Food Service Specialist / 9 years, 6 months, 17 days d. Prior Service / Characterizations: RA. 12 July 2005 to 28 March 2007 / HD RA, 29 March 2007 to 19 May 2012 / HD e. Overseas Service / Combat Service: SWA / Iraq (4 October 2006 to 4 January 2008, 29 April 2009 to 15 April 2010) and Afghanistan (12 June 2011 to 25 May 2012) f. Awards and Decorations: ARCOM, AAM, NATOMDL, MUC, AGCM-3, NDSM, GWOTSM, ACM-2CS, ICM-3CS, NOPDR, ASR, OSR g. Performance Ratings: 1 November 2012 to 19 March 2013 / Fully Capable 20 March 2013 to 19 March 2014 / Fully Capable 20 March 2014 to 30 July 2014 / Marginal h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: AWOL 1 days (30 May 2014 to 30 May 2012), the applicant surrendered. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; several counseling statements, one of which was dated four days prior to what he was being counseled for. 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 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 he was under a psychiatrist care and was starting on anxiety medications and sleeping medications when he was discharged. He contends he was not given the rehabilitation program which was supposed to be given to him. He stayed under the same chain of command instead of being sent where he could have received help. His discharge packet was sent back twice due to a lack of reason for discharge. Also it was reported incorrectly that he had no prior enlistment when in fact he had already reenlisted twice and was on his third reenlistment. The lawyer appointed to him was Captain A.A., who friends with the Captain who was prosecution attorney asking for the discharge, he also fell under RCP but was discharged anyway. The applicant's contentions were noted; however, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication at the time of discharge. Also, 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 4 September 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 AR20170009828 1