1. Applicant's Name: a. Application Date: 1 August 2017 b. Date Received: 3 August 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, that the discharge was the result of getting with the wrong crowd. The applicant has turned life around and this upgrade would help so much. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 May 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: for willfully damaging government property and assaulting his wife (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 April 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 April 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 August 2014 / 4 years b. Age at Enlistment / Education / GT Score: 22 / / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13D10, Field Artillery Tactical Data Systems Specialist / 4 years, 6 months, 13 days d. Prior Service / Characterizations: RA, 31 October 2011 to 27 August 2014 / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AGCM, NDSM, GWOTSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: USAG Bavaria, Directorate of Emergency Services report. Law Enforcement Report showing the applicant was the subject of investigation for assault consummated by a battery, damage of government property, and resisting apprehension. FG Article 15, dated 9 March 2016, for damage to government property x 2 (12 February 2016), assault consummated by battery (12 February 2016), and disorderly conduct (12 February 2016). The punishment consisted of reduction to E-3, forfeiture of $1.041 pay per months for two months (suspended), and extra duty for 15 days. Report of Mental Status Evaluation, dated 24 March 2016, showing the applicant was diagnosed with an Axis V62.29 Other Problems Related to Employment; V62.89 Other Problems Related to Psychosocial Circumstance. The applicant could understand and participate in administrative proceedings. The applicant was cleared for Chapter 14-12a IAW AR 635-200. Several negative counseling statements for various acts of misconduct and performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letters of support; background check; and DD Form 214. 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 his discharge was the result of getting with the wrong crowd. He contends that he has turned his life around and this upgrade would help him so much. The applicant's contentions were noted and the applicant is to be commended for his efforts; however, the applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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. 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 AR20170016241 1