1. Applicant's Name: a. Application Date: 11 July 2017 b. Date Received: 17 July 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, needs to upgrade the status so that the applicant can get on with life. When the applicant was discharged from the Army, the applicant was devastated and it took a huge toll on life and now is stuck in a place the applicant does want to be. With an upgrade of discharge, the applicant can start over and feel like the discharge never scarred and put the applicant back on the path to success. In a records review conducted at Arlington, VA on 14 August 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: 26 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 October 2014 (2) Basis for Separation: The applicant was informed of the following reasons: for stealing a casino card, the property of the US Army on 5 September 2013; On diverse occasions between 21 August 2013 and 5 September 2013 stealing a total of $49.95, the property of the Stryker Dining Facility; Unlawfully striking PV2 H.N.C., on the face with his hand and pushing her to the ground on 22 February 2014; and Being drunk and disorderly on 22 February 2014. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 October 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 October 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 March 2012 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 20 / GED / 94 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Specialist / 2 years, 8 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AAM-2, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 23 February 2014, showing the applicant was the subject of investigation for assault consummated by a battery. CG Article 15, dated 10 June 2014, for unlawfully striking PV2 H.N.C., on the face with his hand and pushing her to the ground with his hand on 22 February 2014 and being drunk and disorderly on 22 February 2014. The punishment consisted of reduction to E-2, forfeiture of $400.00 pay, and extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 28 February 2014, shows that the applicant could understand and participated in administrative proceedings and could appreciated the difference between right and wrong. Counseling statements reference assault, larceny and wrongful appropriation, and separation action. 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 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 he needs to upgrade his status so that he can get on with his life. When he was discharged from the Army he was devastated and it took a huge toll on his life and now he is stuck in a place he does want to be. With an upgrade of his discharge he can start over and feel like the discharge never scared him putting him back on the path to success. The applicant's contentions were noted; however, 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. Additionally, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. It should be noted; by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (serious offense). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 14 August 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 AR20170010979 1