1. Applicant's Name: a. Application Date: 30 October 2017 b. Date Received: 21 December 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 applicant would like an upgrade of discharge for the purpose of being able to one day reenlist in the Army as an officer, go to school and continue education in Business Marketing. The applicant served on active duty for 3 full years with 8 months over to be exact (2010-2013). In the applicant's full time of service, the applicant only received four counseling statements and they all were for being late. The applicant's first three counseling's resulted in receiving Article 15's and this was in the second year of service in 2012. The applicant had a reduction in pay, rank demoted from E-4 to E-2, served 14 days of extra duty, and was flagged of any education for six months. The applicant served the extra duty and worked back to E-4 in less than a year. The applicant was taking correspondence courses, maxed out PT, and the Rifle Range, and had obtained a license to drive the Kalmar Wrench container handler and everything was going great. A whole year had passed since the applicant was late to any formations or work call. One morning the applicant was running late for PT, so the applicant called the Squad leader and let the Squad Leader know the situation, but as the applicant was running into the formation 10 minutes late, the First Sergeant is yelling at the applicant and saying how the First Sergeant "is going to make an example out of him" and how "the Army is down- sizing" and he "doesn't need late trash showing up". The applicant felt this was really unfair and demoralizing to receive another Article 15 for this one incident let alone recommending UCMJ action and that the applicant be separated from the Army with an "Other than Honorable Conditions" discharge for patterns of misconduct. The applicant contends there was no harm to anyone nor was the applicant a bad troublemaker Soldier; the applicant was just late to a formation and that cost the applicant a whole military career. In a records review conducted at Arlington, VA on 26 October 2018, and by a 3-2 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 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 31 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 July 2010 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 3 years, 1 month, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 14 November 2012, for failure to go at the time prescribed to his appointed place of duty on 19 October 2012 and x2 on 22 October 2012. The punishment consisted of reduction to E-3, forfeiture of $435 pay (suspended) and extra duty for 14 days. Record of Supplementary Action Under Article 15, UCMJ, dated 5 February 2013, vacates the punishment of forfeiture of $435 imposed on 14 November 2012. The vacation was based on the applicant failing to go at the time prescribed to his appointed place of duty on 9 January 2013. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application; letter of support; and a letter from JB Hunt Trucking. 6. POST SERVICE ACCOMPLISHMENTS: CDL License information which he has received since his discharge as a result of driving trucks in the Army. 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. 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 applicant's record is void of the facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12b, by reason of a Pattern of Misconduct, with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant seeks relief contending he served on active duty for 3 full years with 8 months over to be exact (2010-2013). In his full time of service he only received four counseling statements and they all were for being late. For his first three counseling's he received an Article 15, this was in his second year of service in 2012. He served his punishment and worked his way back to E-4 in less than a year. He was taking correspondence courses, he maxed out PT, and the Rifle Range, and he had obtained his license to drive the Kalmar Wrench container handler everything was going great. A whole year had passed, one morning he was running late for PT, so he called his Squad leader and let him know the situation but as he's running into the formation 10 minutes late, his First Sergeant yelled at him and saying how he "is going to make an example out of him" and how "the Army is down-sizing" and he "doesn't need late trash showing up". He felt this was really unfair and demoralizing, for this one incident to result in his separation from the Army. He did not harm anyone nor was he a bad trouble maker Soldier, he was just late to a formation and that cost him his whole military career. The applicant's contentions were noted; however, it is unknown if these contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to one day reenlist in the Army as an officer and to be about to go to school and continue his education in Business Marketing. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. Also 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. Based on the available 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 26 October 2018, and by a 3-2 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 AR20170019418 4