1. Applicant's Name: a. Application Date: 6 June 2017 b. Date Received: 31 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, he desires to use his Post 9/11 GI Bill to further his education and increase his hiring potential in the civilian sector. In a records review conducted at Arlington, VA on 8 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 June 2004 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 3 May 2004 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he failed to go at the time prescribed to his appointed place of duty, on that same day, without authority, he went from his appointed place of duty (5 February 2004); he failed to show up for 0730 hours work call on diverse occasions between (8 January 2004 and 22 January 2004); he failed to report for 0630 hours accountability formation, in violation of Articles 86, UCMJ (27 June 2003); he was given a Summarized Article 15 for three specifications of failure to be at his appointed place at the prescribed time (24 August 2000); and he was also given another Article 15 for five specifications of failure to be at his appointed place at the appointed time, one specification of disobeying and NCO and one specification dereliction in the performance of his duties (30 January 2003). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 May 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 May 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 June 1999 / 6 years b. Age at Enlistment / Education / GT Score: 17 years / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74B10, Information Systems Operator Analyst / 5 years, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 24 August 2000, for without authority, fail to go at the time prescribed to his appointed place of duty x 3 (14 July 2000, 17 July 2000 and 4 August 2000); extra duty for 14 days, 7 days (suspended). CG Article 15, dated 30 January 2003, for without authority, fail to go at the time prescribed to his appointed place of duty x (3 January 2003, 26 December 2002, 26 December 2002, 28 March 2002, and 13 March 2002); having received a lawful order from SGT P.M. R., a noncommissioned officer, to report to the HQ Co., CAC CQ desk at 1700, 1900, 2100 and 2300 hours for corrective training, an order which was his duty to obey, did willfully disobey the same (1 April 2003); knowing of his duty, was derelict in the performance of those duties in that he willfully failed to perform a PMCS on the GOV and failed to wash the GOV, as it was his duty to do (18 September 2002); reduction to PFC / E-3 and extra duty for 6 days. Mental Status Report, dated 2 April 2004, relates the applicant was responsible for his actions. He had the mental capacity to understand and participate in the proceedings. He met the medical retention standards in accordance with AR 40-501. There is no evidence of treatable psychiatric disorder which warrants disposition through medical channels or Medical Evaluation Board. He was psychiatrically cleared for any administrative action deemed appropriate by the Commander. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and two DD Forms 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application he has enlisted again and served 5 more years, serving in both the Kansas Army National Guard as well as on active duty and received an honorable discharge. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 Army allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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 the characterization of service from general (under honorable conditions) 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. By the documented pattern of misconduct, 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, he desires to use his Post 9/11 GI Bill to further his education and increase his hiring potential in the civilian sector. 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 Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 8 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 AR20170016203 1