1. Applicant's Name: a. Application Date: 4 October 2017 b. Date Received: 10 October 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that he believes his conduct for the majority of his enlistment was honorable. He earned a Good Conduct Medal for the first three years of service. He also was awarded an Army Achievement Medal and several other certificates while serving. He understand that his poor behavior towards the end of his enlistment was the contributing factor for his discharge. He is embarrassed that he was not able to fulfill his contract and wishes he could make up for it. Although he made several bad choices, the totality of his enlistment was more positive than not. He is proud to be a veteran and proud to have served in the Army. In a records review conducted at Arlington, VA on 17 October 2018, 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 / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 8 November 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 September 2002 (2) Basis for Separation: The applicant was informed of the following reasons: stealing a watch, military property of a value less than $100.00 on 18 August 2001, from AAFES which resulted in a field grade Article 15; Failing to be at his appointed place of duty; to wit: PT formation, on 26 June 2002, 15 January 2002, and 5 October 2000; and Being found drunk while on duty on 6 September 2002, which resulted in a company grade Article 15. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 October 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 October 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 August 1998 / 5 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-4 / 97E10, Interrogator / 4 years, 2 months, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM-2, AGCM, NDSM, NOPDR, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 21 May 2002, for stealing a watch, military property, of a value of less than $100, the property of Army & Air Force Exchange Services. The punishment consisted of extra duty for 45 days. CG Article 15, dated 19 September 2002, for being found drunk while on duty during accountability formation on 6 September 2002. The punishment consisted of reduction toe E-3; forfeiture of $323 pay per month for one month (suspended), and extra duty and restriction for 14 days. Repot of Mental Status Evaluation, dated 3 October 2002, which shows the applicant was diagnosed with an Axis I for parasomnia, not otherwise specified. It was noted that the applicant met retention standards prescribed in Chapter 3, AR 40-501. There was no psychiatric disorder or defect that required disposition through medical channels. The applicant was mentally responsible for his behavior, could distinguish right from wrong, and possesses sufficient mental capacity to participate in administrative or judicial proceedings. The applicant was cleared for any administrative or judicial action deemed appropriated by his command. Several negative counseling statement 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; several award certificates; and his DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 14-12b 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 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 he believes his conduct for the majority of his enlistment was honorable. He earned a Good Conduct Medal for the first three years of service. He also was awarded an Army Achievement Medal and several other certificates while serving. He understand that his poor behavior towards the end of his enlistment was the contributing factor for his discharge. He is embarrassed that he was not able to fulfill his contract and wishes he could make up for it. Although he made several bad choices, the totality of his enlistment was more positive than not. He is proud to be a veteran and proud to have served in the Army. The applicant's contentions were noted; 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 and the applicant is to be commended on his accomplishments. It should be noted; by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct. It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 17 October 2018, 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 AR20170019743 1