1. Applicant's Name: a. Application Date: 5 January 2018 b. Date Received: 11 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, he hopes to receive an honorable discharge and gain access to the Post/911 GI Bill, which he paid for during his first year of service. His service was honorable and he was an outstanding infantry Soldier. In a Travel Panel Hearing conducted at Sacramento, CA on 19 September 2018, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service, and board judgement. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 1 March 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 8 February 2017 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he failed to report to his appointed place of duty (20 May 2015); he violated a lawful general regulation by wrongfully riding his motorcycle without a helmet; he made a false official statement (17 November 2016); he was disrespectful in language and deportment to SSG M.; and he violated a lawful general order given to him by SGT M. to not ride his motorcycle without proper documentation. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 February 2017, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 February 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 May 2014 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 years / GED Certificate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11C10, Indirect Fire Infantryman / 2 years, 9 months, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 19 April 2016, for violation of Article 91 UCMJ; reduction to PFC / E-3, forfeiture of $409 pay (suspended), extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 9 December 2016, revealed the applicant was screened for PTSD and mTBI, both screens were negative. He was cleared for administrative action. FG Article 15, dated 20 January 2017, for violations of Articles 107, 92, 91, and 86; reduction to PVT / E-1, forfeiture of $783 pay for one month, extra duty and restriction for 45 days. Of note, neither of the Articles 15 are contained in the available record, see unit commander's recommendation memorandum. The applicant received several negative counseling statement for various acts of misconduct; and being recommended for an Article 15. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application he attends school to obtain his A&P certificate to become an airplane mechanic. 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 14-12c 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 and the issues 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, in effect, he hopes to receive an honorable discharge and gain access to the Post/911 GI Bill, which he paid for during his first year of service. 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 attends school to obtain his A&P certificate to become an airplane mechanic. The applicant's post-service accomplishment have been noted as outlined on the application. However, in review of the applicant's entire service record and the reasons for the discharge, it appears that this accomplishment did not overcome the reason for discharge and characterization of service granted. The applicant further contends, his service was honorable and he was an outstanding infantry Soldier. 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 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None. b. The applicant presented the following additional contention(s): None. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a Travel Panel Hearing conducted at Sacramento, CA on 19 September 2018, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service, and board judgement. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180002346 3