1. Applicant's Name: a. Application Date: 19 March 2018 b. Date Received: 21 March 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 first completed term of enlistment should be noted as honorable. The applicant contends that the omission of honorable service during the first full three years enlistment denies the applicant VA educational benefits. 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 due to the period of service, the applicant's active duty records and unavailable for review. The applicant is 50% service- connected for PTSD from the VA. The VA has also diagnosed the applicant with Mood Disorder, Anxiety Disorder NOS, Other Trauma Related Disorder, PTSD, and Cannabis Use Disorder. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 30 October 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, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 May 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 February 2006 (2) Basis for Separation: The applicant was informed of the following reasons: for receiving two Field Grade Article 15s, a Company Grade Article 15, and a vacation of a Field Grade Article 15 in a span of 6 months; and The violations consisted of failing to be at his appointed place of duty, breaking restriction, being absent without leave for 6 days, using provoking speeches or gestures, simple assault, and disobeying lawful orders from senior noncommissioned officers. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 March 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 April 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 January 2003 / 3 years (The DD Form 214 under review indicates the applicant's extension of service was at the request and for the convenience of the government). b. Age at Enlistment / Education / GT Score: 22 / GED / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 63H10, Tracked Vehicle Mechanic / 3 years, 3 months, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AGCM, NDSM, GWOTSM, KDSR, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 10 June 2005, for failure to go at the time prescribed to his appointed place of duty on 25 May 2005 and 2 June 2005, and disobeying a lawful order from a noncommissioned officer on 1 June 2005 and 4 June 2005. The punishment consisted of reduction to E-3, and extra duty and restriction for 14 days. Military Police Report, dated 21 August 2005, which indicates the applicant was the subject of investigation for assault-consummated with a battery, accessory to assault, accessory after the fact, and provoking speech/gestures. FG Article 15, dated 28 October 2005, for wrongfully using provoking words, to wit: "Not you Niggers, and Yea I said it, "or words to that effect towards PV2 T.L.T. and SPC D.A.J., and assault on SPC D.A.J., by shoving him with his left hand all on 21 August 2005. The punishment consisted of reduction to E-1 (suspended) and extra duty and restriction for 45 days. Record of Supplementary Action Under Article 15, UCMJ, dated 24 November 2005, shows that the punishment imposed on the applicant 28 October 2005 of reduction to E-1 was vacated. The vacation was based on the applicant having been absent from his unit from 4 November 2005 until he was apprehended on 10 November 2005. FG Article 15, dated 19 December 2005, for being absent from his unit from 4 November 2005 until he was apprehended on 10 November 2005 and breaking restriction on 4 November 2005. The punishment consisted of forfeiture of $617 pay per month for two months, and extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 6 January 2006, which shows the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. He had the ability to distinguish right from wrong and possessed sufficient mental capacity to participate in administrative proceedings. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: AWOL 7 days (4 November 2005 until 10 November 2005), mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 and a copy of his Honorable Discharge Certificate, dated 19 January 2005. 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 that his first completed term of enlistment should be noted as honorable. He contends that the omission of his honorable service during his first full three years enlistment denies him VA educational benefits. The applicant contentions was noted; however, although the applicant's DD Form 214 under review shows the applicant completed his first full term of service it was noted that his extension of service was at the request and for the convenience of the government. Also it should be noted that the Honorable Discharge Certificate submitted by the applicant shows he was discharged on 19 January 2005. However, based on Disciplinary Action(s) in the applicant's record it appears the applicant continued to serve in the military. His DD Form 214 shows his extension of service was at the request and for the convenience of the government. As noted in Army Regulation 635-5, Separation Documents, paragraph 2-1b(2), a DD Form 214 will not be prepared for an enlisted Soldier discharged for immediate reenlistment in the Regular Army. Additionally, 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 30 October 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 AR20180005042 1