1. Applicant's Name: a. Application Date: 23 March 2018 b. Date Received: 28 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, during service, was dealing with significant personal issues. There were also some issues within the unit and due to a deployment. 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 due to the period of service, the applicant's active duty records are unavailable for review. The applicant is 70% service- connected for PTSD from the VA. In summary, the applicant has a BH diagnosis that is partially 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 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 15 June 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 May 2005 (2) Basis for Separation: The applicant was informed of the following reasons: He received a FG Article 15 on 3 November 2004, for Larceny of private funds and making a false official statement; On 26 February 2005, he was charged with driving under the influence (BAC.13 percent) on post, underage drinking (DOB 24 April 1984), failure to signal for tum, Disorderly conduct (noise abatement), violation of open container law and possession of alcohol by a minor; and, On 23 April 2005, he was charged with driving under the influence (Oak Grove, KY), and traffic violations (speeding). The behavior was not compatible with military service. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 19 May 2005 (5) Administrative Separation Board: On 19 May 2005, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 15 June 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 January 2003 / 4 years b. Age at Enlistment / Education / GT Score: 18 / GED / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 2 years, 5 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait-Iraq (1 August 2003 - 22 February 2004) f. Awards and Decorations: ICM, ARCOM, GWOTSM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation - Corrected Final, dated 13 September 2004, reflects an investigation established probable cause to believe the applicant committed the offense of Larceny of Private Funds and False Official Statements when he took the ATM card of PFC R and used it four times on Fort Campbell, and one time on Fort Knox. The applicant then knowingly provided a false statement when he lied about doing so. FG Article 15, dated 1 November 2004, for making a false official statement to Special Agent T, CID (11 August 2004); and, for stealing an ATM Card, the property of PFC R, and wrongfully appropriating funds to the value of $1000 (between 11 and 19 June 2004). The punishment consisted of a reduction to E-1; forfeiture of $586 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Military Police Report, dated 26 February 2005, reflects the applicant was apprehended for: Driving Under the Influence (On Post); Failure to Signal for Turn (Off Post); Disorderly Conduct (Noise Abatement) (Off Post); Violation of Open Container Law (On Post); and, Possession of Alcohol by a Minor (On Post). Report of Mental Status Evaluation, dated 4 March 2005, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Military Police Report, dated 23 April 2005, reflects the applicant was apprehended for: Driving Under the Influence (Off Post). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 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 that 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 contends that he was dealing with personal issues and issues in his unit that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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 AR20180005064 1