1. Applicant's Name: a. Application Date: 15 February 2018 b. Date Received: 16 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, would like an upgrade of discharge for the purpose of being able to go back to school and use education benefits. The applicant contends during the time in service the applicant was really childish and got caught in the wrong crowd and made several mistakes; however, the applicant served one month short or three years. The applicant is older now, much wiser, and has sought to become a teacher now that the applicant is a father of two. The applicant wants nothing more than to go back to school and be a productive member of society. The applicant was discharged due to a pattern of misconduct and admits the applicant wasn't in the right state of mind. Now that the applicant is older, the applicant wants to right these wrong doings. In a records review conducted at Arlington, VA on 26 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 August 2015 (2) Basis for Separation: The applicant was informed of the following reasons: on eight different occasion, between 18 December 2013 and 9 October 2014, he failed to report to his appointed place of duty; He was derelict in the performance of his duties on 22 September 2014 and 26 September 2014 Sold military property from the U.S. Army property of a value less than $500 on 9 January 2015; Made a false official statement to Investigator A.R., on 12 January 2015; Sold military property to Bradley's Military Surplus without proper authority, property of a value less than $500 on 13 January 2015; Was disrespectful to First Sergeant C.F., by not standing at parade rest, rolling his eyes, sighing when spoken to and not addressing him appropriately, on 10 February 2015; and Assaulting D.B., by pushing her on 3 April 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 August 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 September 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 April 2013 / 3 years, 26 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91C10, Utilities Equipment Repairer / 2 years, 5 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 28 October 2014, for failure to go at the time prescribed to his appointed place of duty on 5 December 2013, 6 March 2014, 11 September 2014, 22 September 2014, and 9 October 2014, and for being derelict in the performance of his duties on 22 and 26 September 2014. The punishment consisted of reduction to E-2 (suspended) and extra duty for 7 days. Military Police Report, dated 20 January 2015, which shows the applicant was the subject of investigation for housebreaking, larceny of government property, and wrongful destruction of private property. Report of Mental Status Evaluation, dated 28 April 2015, indicates that the applicant was mentally sound and able to appreciate any wrongfulness in his conduct and to conform his conduct to the requirements of the law. He was considered accountable for his actions and subject to the normal channels of counseling and discipline. He had the mental capacity to understand and participate in board or other administrative proceedings. He was psychiatrically cleared for chapter separation. FG Article 15, dated 30 April 2015, for stealing an extreme cold weather parka and trouser set, a wet weather bag, and a piece of a Gore-Tex sleep-system, military property, of a value of less than $500, the property of the U.S. Army on 9 January 2015, making a false official statement to investigator A.R., on 12 January 2015, without authority selling to Bradley's Military Surplus, and extreme cold weather parka and trouser set, a wet weather bag, and a piece of a Gore-Tex sleep-system, of a value of less than $500, military property of the United States on 13 January 2015, and assaulting D.B. by pushing her on 3 April 2015. The punishment consisted of reduction to E-1, forfeiture of $773 pay per month for two months (suspended), extra duty for 45 days, and Oral reprimand. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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 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 during his time in service he was really childish and got caught in the wrong crowd and made several mistakes; however, he served one month short or three years. The applicant's contentions were noted; 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 expressed his desire for an upgrade of his discharge for the purpose of being able to go back to school and use his education benefits. The applicant contends that he has sought to become a teacher now that he is a father of two, and want's nothing more than to go back to school and be a productive member of society. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does 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 applicant contends that he is older now and much wiser. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 26 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 AR20180002232 1