1. Applicant's Name: a. Application Date: 12 August 2017 b. Date Received: 16 August 2017 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, served for nearly five years in the 82nd Airborne and received the Good Conduct Medal for exemplary behavior, efficiency and fidelity in active federal military service. The applicant had only one reprimand, resulting from a Driving Under the Influence (DUI), after exceeding the speed limit by 12 mph. The reprimand reflected that it was an administrative action and not punishable under the UCMJ. While a DUI is a serious issue, nobody was harmed in the incident. The applicant believes downgrading the discharge from honorable was an excessive penalty for a one time incident wherein nobody was harmed, and, was deemed as an administrative action in the reprimand. In a records review conducted at Arlington, VA on 27 March 2019, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, the circumstances surrounding the discharge, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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 October 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 September 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 27 May 2016, he wrongfully operated a motor vehicle while intoxicated. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 September 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 September 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 November 2011 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 127 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 4 years, 11 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Law Enforcement Report, dated 18 December 2016, reflects the applicant was apprehended for Driving Under the Influence on 27 May 2016. A SFSTs and Intox EC/IR-II Subject Test revealed the applicant had a .15 percent Alcohol Content. General Officer Memorandum Of Reprimand, dated 10 June 2016, for driving while under the influence of alcohol on 28 May 2016. Police observed the applicant traveling at a speed greater than the posted speed limit. His speed was verified by radar doing 47 miles per hour in a 35 miles per hour zone. Upon approach of his vehicle the officer detected an odor of alcohol emitting from his person. A field sobriety test was conducted and he was transported to the Cumberland County Detention Center where an lntox EC/IR II test was administered. His blood alcohol content was .15 percent. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 June 2016, 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. The applicant was diagnosed with: Other Problem Related to Employment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214;.DD Form 293; Reprimand; Commander's report; AGCM. 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 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 had good service. 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 applicant is to be commended for his accomplishments. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant claims the offense that caused his discharge was minor in nature. However, the service record indicates the discrediting offense constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 27 March 2019, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, the circumstances surrounding the discharge, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20180005791 1