1. Applicant's Name: a. Application Date: 23 October 2017 b. Date Received: 2 February 2018 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 current discharge is preventing the applicant from helping others within the VA hospital and oneself. The applicant does not believe the one incident of misconduct warrants a discharge for a pattern of misconduct. 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 no BH diagnoses while on active duty. The VA has diagnosed the applicant with Adjustment Disorder, Cannabis Use Disorder, and Cocaine Use Disorder. In summary, the applicant does not have a BH diagnoses that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 20 November 2019, 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: 24 June 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 February 2008 (2) Basis for Separation: The applicant was informed of the following reasons: for receiving a Field Grade Article 15 on 12 December 2007 for disobeying a lawful order from a noncommissioned officer, making a false official statement and failing to be in the proper uniform while being posted as a sentinel; Receiving a Company Grade Article 15 on 23 October 2006, for failing to go to his appointed place of duty; and Being counseled on numerous occasions for disrespect to noncommissioned officers, leaving his assigned weapon unsecured, leaving his appointed place of duty and failing to report to his appointed place of duty. He showed a progressive pattern of misconduct and his lack of discipline was not in keeping with the standards set for the by the Brigade or the United States Army. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 February 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 March 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 October 2005 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 34 / 14 years / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 7 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (10 May 2007 to 15 March 2008) f. Awards and Decorations: NDSM, GWOTSM, ICM-CS, ASR, OSR, CIB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 23 October 2006, for failing to go at the time prescribed to his appointed place of duty on 6 April 2006, 18 May 2006, and 27 July 2006. The punishment consisted of reduction to E-2, forfeiture of $382.00 pay per month (suspended), extra duty for 3 days, and restriction for 3 days (suspended). FG Article 15, dated 12 December 2007, for disobeying a lawful order from a noncommissioned officer on 11 August 2007, making a false official statement to a noncommissioned officer and dereliction in the performance of his duties on 13 August 2007, and dereliction in the performance of his duties on 26 August 2007. The punishment consisted of reduction to E-1, forfeiture of $700.00 pay per month for two months, and extra duty and restriction for 45 days. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: AWOL 36 days (17 March 2008 to 22 April 2008) / mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; and two letters of support/recommendation. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends he is currently working for the Department of Veterans Affairs and he is a 2014 graduate of the School at Work Program sponsored by the Veterans Affairs. 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 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 his current discharge is preventing him from helping others within the VA hospital and himself. He does not believe his one incident of misconduct warrant his discharge for a pattern of misconduct. The applicant's contentions were noted; the applicant is to be commended on his post-service accomplishments. However, although the applicant claims his discharge was the result of one incident of misconduct, 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 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 20 November 2019, 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 AR20180001521 1