1. Applicant's Name: a. Application Date: 7 November 2017 b. Date Received: 14 November 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, when he was enlisted in the Army, a female civilian made an allegation against him that he had telephonically harassed her. He states, he was arrested and charged with telephonic harassment. He had proof in the form of two witnesses, which one of them was with the applicant at the time and the other was with the female. Both witnesses made statements reflecting that the applicant never harassed her. His Command Sergeant Major (CSM) at the time, did not care about the statements and told the applicant if that is what she said, then that is what happened. The applicant states, after his discharge, a judge found out that the female had lied and immediately dropped and dismissed all charges against the applicant. In a records review conducted at Arlington, VA on 24 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: 14 March 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 February 2003 (2) Basis for Separation: The applicant was informed of the following reasons: Repeated misconduct to include; Disrespect toward a Noncommissioned Officer; and use of threating communication. The reasons for his proposed action were: He disrespected a noncommissioned officer on 12 October 2002; and, he threatened to kill a Soldier on 16 October 2001. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 February 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 February 2003 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 January 2001 / 3 years b. Age at Enlistment / Education / GT Score: 18 / GED / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19K10, M1 Armor Crewman / 2 years, 9 month, 8 days d. Prior Service / Characterizations: USAR, 24 September 1999 - 3 May 2000 / NIF e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 6 March 2002, for wrongfully communicating to SPC W a threat to kill him and put a bullet in his head (16 October 2001). The punishment consisted of a reduction to E-1; forfeiture of $552 pay per month for two months; and, extra duty for 45 days; and, restriction for 45 days (suspended). CG Article 15, dated 30 October 2002, for disrespectful deportment towards a noncommissioned officer (12 October 2002). The form did not reflect any imposed punishment. Several 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. 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 service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 28, narrative reason for separation as Misconduct. The discharge packet confirms the separation authority approved the discharge by reason of pattern of misconduct. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that his CSM did not care about the statements that supported his contentions that he did not harass a female civilian. 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 claims the allegation that caused his discharge was later dismissed by a judge after it was discovered that it was based on a lie. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. Further, the misconduct which the applicant contends served as the basis for his discharge, was not included in the notification of initiation of separation proceedings as one of the specific reasons for the action to separate him. 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 24 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 AR20180000275 1