1. Applicant's Name: a. Application Date: 1 August 2017 b. Date Received: 7 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, the discharge is improper because it is based on a civilian conviction. The record most likely reflects the applicant was AWOL and was incarcerated. The applicant hopes the record also reflects achievements prior to arrest. The applicant was recommended for a medal by the squad leader, during the training deployment to NTC, and assigned as the first sergeant's driver. The applicant completed Armorer school and performed the duties of the unit armorer. The applicant also achieved the maximum score on the Army Physical Fitness Test (APFT) and was the one who carried the unit guideon. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no records regarding the applicant. VA records indicate the applicant was diagnosed with Major Depressive Disorder and Opioid Abuse. In summary, the applicant did not have a BH diagnosis that was mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 22 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 (Civil Conviction) / AR 635-200 / Chapter 14, Sec II / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 August 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 August 2002 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 21 February 2002, he was found guilty and sentenced to 180 days confinement for delivery of a controlled substance. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 7 August 2002, the applicant waived his rights to consult with A JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 August 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 July 1999 / 3 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 12B10, Combat Engineer / 2 years, 6 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Eight Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 13 April 2001; From "AWOL" to "PDY," effective 25 April 2001; From "PDY" to "AWOL," effective 15 May 2001; From "AWOL" to "Dropped From Rolls (DFR)," effective 16 May 2001; From "DFR," to "Confined by Civil Authorities (CCA)," effective 6 December 2001; From "PDY" to "AWOL," effective 15 January 2002; From "AWOL" to "DFR," effective 15 February 2002; and, From "DFR," to "CCA," effective 9 April 2002. i. Lost Time / Mode of Return: 215 days / The applicant had an additional 84 days of lost time, which are not reflected on the applicant's DD Form 214. AWOL, 13 April 2001 - 24 April 2001 / NIF AWOL, 15 May 2001 - 15 May 2001 / Apprehended by Civil Authorities CCA, 16 May 2001 - 5 December 2001 / NIF 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 contends his discharge is improper because it was based on a civilian conviction. However, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial or the sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation. On 21 February 2002, the found guilty of delivery of a controlled substance and was sentenced to 180 days confinement. The applicant contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 22 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 AR20170016325 1