1. Applicant's Name: a. Application Date: 14 June 2016 b. Date Received: 11 September 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 pertinent part and in effect, turned life around and improved oneself, and has matured since discharge. The applicant graduated from an information technology technical institute with a 3.92 GPA, and has been at the current job since 2012. The discharge was due to missing a "Class A inspection," which the applicant missed because of being in a car accident. In a records review conducted at Arlington, VA on 3 April 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: 9 February 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 December 2006 (2) Basis for Separation: The applicant was counseled numerous times for various disciplinary infractions over the past nine months, to include: On 1 March 2006, a monthly counseling, pointed out various deficiencies to include failing to report, and failing to follow orders and directives. On 8 March 2006, event oriented counseling for failing to report, the plan of action was to have him report 30 minutes early to formations. On 4 April 2006, event oriented counseling for failing to report. On 18 April 2006, event oriented counseling for failing to respond to a telephonic alert, plan of action was to have him give a class to his platoon on the importance of accountability, but the class was never conducted. On 1 May 2006, event oriented counseling for failing to report. On 15 June 2006, event oriented counseling for failing to report, plan of action included reporting to his supervisor 30 minutes early and getting his POV properly repaired to ensure he had proper transportation, his supervisor annotated a proper rehabilitation from the deficiencies. On 11 August 2006, event oriented counseling for failure to report On 6 November 2006, event oriented counseling for failing to report twice in the same day, the plan of action was extra training in the form of cleaning details at the company CQ for two weeks starting at 1800 hours. On 7 November 2006, event oriented counseling for failing to report. His conduct was not to standard and further attempts to rehabilitate him would be futile. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 December 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 December 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 August 2005 / 5 years b. Age at Enlistment / Education / GT Score: 20 / NIF / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 63B10, Wheeled Vehicle Mechanic / 2 years, 11 months, 21 days d. Prior Service / Characterizations: RA (19 February 2004 to 7 August 2005) / HD e. Overseas Service / Combat Service: SWA / Iraq (31 January 2005 to 20 November 2005) f. Awards and Decorations: AAM; NDSM; ICM; GWOTSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements detailed at the preceding paragraph 3c(2). CG Article 15, dated 14 March 206, for disobeying an NCO on 2 January 2006 (continuation sheet NIF). The punishment consisted of a reduction to E-3 and 14 days of extra duty. Report of Mental Status Evaluation, dated 14 November 2006, indicated that there was no evidence of an emotional or mental disorder of psychiatric significance to warrant disposition through medical channels. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 14 June 2016; DD Form 214; three character reference/supporting statements; transcript; 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that since his discharge, he has graduated from an information technology technical institute with a 3.92 GPA, and he has been at his current job since 2012. 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 14-12b 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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, and 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. By the pattern of misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge. 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. In consideration of the applicant's post service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 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 3 April 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 AR20170018081 1