1. Applicant's Name: a. Application Date: 10 July 2017 b. Date Received: 11 July 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, was discharged for a civilian conviction, served the time and paid a debt to society. The applicant desires to receive VA benefits to further an education. In a records review conducted at Arlington, VA on 22 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 (Civil Conviction) / AR 635-200, Chapter 14, SEC II / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 2 March 2007 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 11 January 2007 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was convicted by the Circuit Court of St. Louis County, Missouri, for assault in the second degree for which you were administratively reduced. He continues to disobey rules and regulation of his superior as well as that of the United States Army (11 August 2006). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 January 2007, applicant waived legal counsel. (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board, although he was not entitled to a board. (6) Separation Decision Date / Characterization: 15 February 2007 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 October 2004 / 3 years b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92S10, Shower / Laundry / Clothing / 3 years, 7 days d. Prior Service / Characterizations: USAR, 26 February 2004 to 26 October 2004 / NA e. Overseas Service / Combat Service: SWA / Iraq, 20 January 2005 to 1 December 2005 f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated illegible, revealed the applicant's mental status was within normal limits. There was no evidence of a major psychiatric disorder. He denied any suicidal or homicidal Ideation. He was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in the chapter proceedings. The applicant received several negative counseling statements for various acts of misconduct; monthly counseling, administrative reduction and chapter counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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. 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 and the issues submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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 misconduct (civil conviction), the applicant diminished the quality of her 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 he should have been retained on Active Duty. The applicant seeks relief contending, he was discharged for a civilian conviction, he served his time and paid his debt to society. This contention is 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 applicant desires to receive VA benefits to further his education. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 22 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 AR20170011170 1