1. Applicant's Name: a. Application Date: 10 November 2017 b. Date Received: 12 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, received a general (under honorable conditions) discharge for a single offense after 4 years, and 11 months of faithful service to the country. 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 anxiety, Alcohol Dependence, Adult Physical Abuse, and FAP Involvement. The applicant does not have any VA records available for review. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 3 November 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 23 October 2017 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was a married man who had sexual intercourse with a woman other than his spouse and being absent without leave. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 October 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 October 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 January 2013 / 6 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-5 / 12N20, Horizontal Construction / 4 years, 9 months, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM-4, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), dated 19 June 2014, for being apprehended by the El Paso Police for driving while intoxicated. He was administered a breathalyzer test that confirmed his consumption of alcohol and revealed his blood alcohol content to be .269%, in violation of Uniform Code of Military Justice (UCMJ) and the Texas Penal Code. Positive urinalysis test coded IR (Inspection Random), dated 10 July 2017, for COC. FG Article 15, dated 12 July 2017, for three violations of (Article 86), failure to report and two violations of (Article 134), adultery; reduction to SPC / E-4, Forfeiture of $1,216 pay for two months, extra duty and restriction for 45 days and an oral reprimand. However this Article 15 is not contained in the available record, see unit commander's recommendation memorandum. CID Report of Investigation, dated 27 September 2017, revealed the applicant was under investigation for wrongful use of cocaine. Report of Mental Status Evaluation, dated 17 October 2017, relates the applicant was screened for incident (s) of sexual assault occurring anytime during his active duty service. He was screened for PTSD and TBI, and results were negative. He did not meet the criteria for a substance abuse disorder at this time. He had no duty limitations due to behavioral health reasons. He met medical retention standards and was cleared for any administrative action deemed appropriate by his command. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL for 21 days, 22 April 2017 to 12 May 2017; the mode of return is not in the available file. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 18 October 2017, indicates the applicant was diagnosed with alcohol abuse. 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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, he received a general (under honorable conditions) discharge for a single offense after 4 years, and 11 months of faithful service to his country. 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. 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 AR20180000708 1