1. Applicant's Name: a. Application Date: 15 December 2017 b. Date Received: 26 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, served as an infantryman for three years in Germany and knows the request may be much to ask at this time, but the applicant assures the Board the applicant is a deserving person. While serving overseas, the applicant accomplished a few achievements and earned the Good Conduct Medal. The applicant was awarded this medal through hard work with good leadership who knew the applicant was a good Soldier, and who always looked out for the applicant, even if it had set backs. The applicant requests the Board consider all positive accomplishments during the military career. The applicant is proud to have married a high school sweet heart during service and of raising their sons in Germany. Being a husband and a father, it helped the applicant grow through the learning experiences the applicant went through, which made the applicant a stronger and wiser man. An upgrade will help the family, who were always there supporting the applicant through everything. The applicant was cheated out of the time in service by receiving a general discharge. The applicant was close to transitioning from the Army to civilian life and believes it was unfair to discharge the applicant based on the circumstances, when the applicant was nearing the time for the applicant to separate from the Army. The applicant had served the time and grade of service for three years and humbly requests an upgrade with the corresponding benefits. 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 diagnoses of Adjustment Disorder with mixed disturbance of emotions and conduct, Alcohol Dependence, Adult Physical Abuse, Child Physical Abuse, and FAP Involvement. The applicant does not currently have a service- connected rating from the VA. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 28 February 2020, 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 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 28 July 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 June 2017 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 29 October 2016 and on or about 22 February 2017, on divers occasions, he assaulted a child under the age of 16 years. Between on or about 1 January 2017 and on or about 22 February 2017, he choked his spouse on the neck with his hands. Between on or about 5 April 2017 and on or about 25 May 2017, on divers occasion, he failed to obey an order from a commissioned officer. On or about 2 February 2017, he failed to go at the time prescribed to his appointed place of duty. On or about 21 February 2017, he failed to go at the time prescribed to his appointed place of duty. Between on or about 1 February 2017 and on or about 22 February 2017, he willfully damaged military property of the United States. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 11 July 2017, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 February 2014 / 3 years, 16 weeks / On 2 November 2015, the applicant extended his enlistment one month, giving him a new ETS of 15 July 2017. b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 83 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 5 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AGCM, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 9 March 2017, for failing to go at the time prescribed to his appointed place of duty (2 and 21 February 2017). The punishment consisted of a reduction to E-3 (suspended); and, extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 4 May 2017, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Law Enforcement Report - Final, dated 4 June 2017, reflects and investigation established that the probable cause existed to believe the applicant committed the offenses of Aggravated Assault against Mrs. B and Assault on Child Under 16 against Master B. Commander's Report, dated 11 July 2017, reflects the applicant received a FG Article 15, for violation of Article 92 (failure to obey a lawful order), UCMJ, violation of Article 128 (assault), UCMJ (x2), and violation of Article 108, (destruction of military property). Found guilty of all offenses. Punishment: Reduction to PVT; max forfeiture of pay for two months; 45 days extra duty; and 45 days restrictions. Armed Forces Traffic Ticket, dated 24 February 2016, reflects the applicant was charged with speeding (68 KPH in a 40 KPH). Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement. 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 14-12b 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 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 it was unfair to discharge him with a general discharge when he was so close to his ETS. However, 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 applicant contends that an upgrade of his discharge would allow veterans benefits. However, eligibility for veteran's benefits do 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. 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 28 February 2020, 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 AR20180000191 5