1. Applicant's Name: a. Application Date: 10 June 2017 b. Date Received: 27 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, is going through the process of trying to buy a home with the family. It was recently brought to the applicant's attention that an honorable discharge is the only way to receive a VA loan, which has led to a renewed regret and shame. The Army developed the applicant's life skills, discipline and responsibility. The applicant loves the military and regrets the dismissal. The applicant prays for a second chance, at least with being able to conduct business via a VA loan. The applicant sincerely apologizes for the irresponsibility and disrespect to the uniform, which ultimately led to dismissal. Since being discharged, the applicant's life has taken many unexpected turns. The applicant has become a husband, a father of two and a faithful employee at Electrical Repair Services, where the applicant has applied many attributes learned in the Army. The applicant has also become an avid member in the church, where the family is very involved and continues to grow and develop. Though the applicant made unwise and inexperienced decisions while enlisted as a naive young man, the applicant has overcome these immaturities. By the grace of God and in the values learned from the military, the applicant has become a much more responsible man and stronger Levite at home. The applicant often reflects on the Warrior Ethos as a standard in life. The applicant earnestly prays that the Board will grant an upgrade so that the time the military will allow the applicant, as a father, to better serve the family. In a records review conducted at Arlington, VA on 20 February 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 (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 21 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully drove while drunk and wrongfully possessed stolen property. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 June 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 December 2010 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 2 years, 5 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Riley County Police Offense Report, 18 May 2012, reflects the applicant was stopped for erratic driving and identified by Alabama driver's license. After failing filed sobriety tests, he was arrested for DUI and booked on $750 bond through city court. Military Police Report, dated 22 May 2012, reflects the applicant was apprehended for: Driving Under the Influence of Alcohol or Drugs (Off Post). Kansas Standard Arrest Report, dated 18 February 2013, reflects the applicant was apprehended for: Theft-Possession of Stolen Property. Military Police Report, dated 20 February 2013, reflects the applicant was apprehended for: Theft (Off Post); Registration and Title Offenses (Off Post). Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Confined by Civil Authorities (CCA)," effective 18 February 2013; and, From "CCA" to "PDY," effective 20 February 2013. General Officer Memorandum Of Reprimand, dated 14 June 2012, for driving under the influence of alcohol on 18 May 2012. A Riley County police officer stopped the applicant for failing to maintain his lane of travel. The officer detected the odor of an alcoholic beverage coming from him. A standardized field sobriety tests showed multiple signs of impairment. He was transported to the Riley County Detention Center where he submitted to a breath test using the lntoxilyzer 8000 that resulted in a blood alcohol content of .119. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 6 Days CCA, 18 May 2012 - 21 May 2012 / Released from Confinement CCA, 18 February 2013 - 19 February 2013 / Released from Confinement j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 26 March 2013, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Alcohol Abuse. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has become a husband, a father of two and a faithful employee at Electrical Repair Services, where he has applied many of his attributes he learned in the Army. He has also become an avid member in his church. 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 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 was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 applicant contends that an upgrade of his discharge would allow veterans benefits through the use of a VA loan. However, eligibility for veteran's benefits to include VA loans, 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 20 February 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 AR20170010821 1