1. Applicant's Name: a. Application Date: 13 September 2017 b. Date Received: 23 January 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 applicant would like an upgrade of discharge for the purpose of receiving GI Bill Benefits and to reenlist. In a records review conducted at Arlington, VA on 1 April 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 February 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 January 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for losing control of his vehicle and stroking a road sign and a utility pole. The ten failed to contact any Law Enforcement and left the Collison scene. Once he arrived back to the barracks, his friend took him to the hospital and called his NCO. His NCO called the MPs, who came to the barracks to investigate the incident. When asked, the applicant admitted to consuming alcohol before operating his vehicle. He was administered a Portable Breath Test, which returned a blood alcohol concentration level of 0.186%, and he was placed under arrest on 15 August 2016. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 January 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 January 2017 / General (Under Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 September 2013 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31E10, Internment/Resettlement Specialist and 13T10, Field Artillery Survey / 3 years, 5 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (21 June 2014 to 18 November 2014) f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR, ACM-CS, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 21 September 2016, which shows the applicant was reprimanded for driving under the influence of alcohol. Which resulted from the applicant's loss of control of his vehicle and stroking a road sign and a utility pole. The ten failed to contact any Law Enforcement and left the Collison scene. Once he arrived back to the barracks, his friend took him to the hospital and called his NCO. His NCO called the MPs, who came to the barracks to investigate the incident. When asked, the applicant admitted to consuming alcohol before operating his vehicle. He was administered a Portable Breath Test, which returned a blood alcohol concentration level of 0.186%, and he was placed under arrest. 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 14-12c 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 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 expressed his desire for an upgrade of his discharge for the purpose of receiving GI Bill Benefits and to reenlist. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. As for his issue relating to his GI Bill benefits; 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 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 1 April 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 AR20180002442 1