1. Applicant's Name: a. Application Date: 25 July 2017 b. Date Received: 3 August 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, the discharge should be upgraded due to the fact that it was the first DUI during an Army career. The misconduct occurred near the end of a three year contract and six months to complete the obligation to the Army. The discharge prevents the applicant from receiving VA benefits. In a records review conducted at Arlington, VA on 13 March 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 April 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 13 March 2017 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was apprehended by the Military Police for Driving under the Influence (DUI) (18 December 2016); and he willfully disobeyed the lawful order of a noncommissioned officer (14 April 2016). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 March 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 March 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 April 2004 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 25 years / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 3 years, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea f. Awards and Decorations: AAM, NDSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 16 June 2016, for failure to go to his appointed place of duty at the prescribed time x2 and willful disobedience of a noncommissioned officer; reduction to PFC / E-3 (suspended), extra duty for 14 days, restriction for 14 days (suspended) and an oral reprimand. However, this Article 15 is not contained in the available record, see unit commander's recommendation memorandum. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 7 February 2017, for driving while under the influence of alcohol. On 18 December 2016, a Military Police Officer responded to a report that the applicant possibly driving under the influence of alcohol while attempting to access Fort Benning. When the officer approached him, he detected a strong odor of alcohol emanating from him. The officer conducted a standardized field sobriety test, which indicated signs of impairment and the lntoxilyzer 9000 resulted in a reading of 0.101 grams per 210 liters breath alcohol content, exceeding the legal limit of .08g/210L. He was apprehended and charged with driving under the influence of alcohol. The applicant received several negative counseling statements for various acts of misconduct and his pending separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 25 January 2017, relates the applicant had an Axis I diagnosis of alcohol abuse, uncomplicated. He had mental health problems which required disposition through medical channels at this time. He was returned to full duty, with no limitations. He was mentally responsible, able to distinguish right from wrong, and adhere to the right. He had the mental capacity to understand and participate in administrative or legal proceedings. He was psychiatrically cleared for any administrative action deemed necessary by Command. 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages); and a US District Court document. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and document 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. By the misconduct (serious offense), the applicant diminished the quality of his 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, his discharge should be upgraded due to the fact that it was his first DUI during his Army career. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant further contends, his misconduct occurred near the end of his three year contract and he six months to complete his obligation to the Army. 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 applicant also contends, his discharge prevents him from receiving VA benefits. 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 13 March 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 AR20170011814 1