1. Applicant's Name: a. Application Date: 17 March 2017 b. Date Received: 26 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, had no other negative action or incidents in one's military service other than what is reflected on the discharge. The applicant has one good conduct medal for the first three years of service and the discharge does not characterize the applicant as a person or what the applicant has done for the country with military service awards or declarations. The applicant had one deployment to Afghanistan and made one mistake and believes one deserves a second chance to show the discipline and commitment to the country that was instilled in the applicant. The applicant has been through behavior health and evaluations and has been cleared. The applicant further details the contentions in a self-authored statement provided with the application. In a records review conducted at Arlington, VA on 24 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: 6 September 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 August 2017 (2) Basis for Separation: The applicant was informed of the following reasons: He physically assaulted his wife on multiple occasions between 1 February 2017 and 25 June 2017. On divers occasions he forcefully grabbed his wife by her arms and neck during verbal arguments. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 August 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 August 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 January 2016 / 3 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 1 month, 8 days d. Prior Service / Characterizations: RA, 29 July 2013 - 6 January 2016 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (15 July 2015 - 9 October 2015) f. Awards and Decorations: ACM-CS, AAM-3, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Armed Forces Traffic Ticket, dated 20 April 2017, reflects the applicant was charged with: Speeding. Report of Mental Status Evaluation, dated 12 June 2017, 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. Law Enforcement Report - 3RD Final Supplemental, dated 5 June 2017, reflects on 14 May 2017, at 1852 Hours, the JBLM police were dispatched to a Duty Upon Striking. An investigation revealed that after a verbal altercation with [redacted] that did not turn physical, the applicant drove away from their residence and struck a fire hydrant [redacted stated the applicant had been drinking alcoholic beverages and texted her a message containing a suicidal ideation. The applicant was located at Russell Landing and an odor of alcoholic beverage was emitting from him. The applicant was apprehended and transported to the PMO where he was advised of his rights which he waived, but refused to answer questions. The applicant voluntarily submitted to SFST's, which showed signs of impairment, and also voluntarily submitted to a PBT with the result of .079 percent. The applicant was read the Implied Consent which he acknowledged understanding, and submitted to a BAC with the results of (.076/.079). The next day the applicant returned to the PMO, was advised of his rights again, which he waived, admitting to purposely hitting the fire hydrant and drinking alcoholic beverages before driving. The applicant was further processed and cited on (4) District Court Violation Notices, issue Installation Driving Revocation Memorandum, and released to his unit. Law Enforcement Report - Initial - Final, dated 3 July 2017, reflects on 30 June 2017, at 2349 Hours, JBLM Police were dispatched to a Neighborhood Dispute. Investigation revealed that [redacted] had been involved in a verbal altercation with [redacted] and the applicant. The JBLM Police contacted the applicant, who initially refused to identify himself and left the scene. Shortly after, the applicant returned drinking from a bottle of Corona beer. The JBLM Police observed his eyes were bloodshot and his speech was slurred. The applicant was apprehended and transported to the PMO for further processing. Due to his intoxication, the applicant was released to his unit and instructed to return to the PMO the following day for rights advisement. On 2 July 2017, at 0600 Hours, the applicant returned to the PMO where he was advised of his rights which he waived, providing a written statement denying the above offenses. The applicant was again advised of his rights for False Official Statement, which he waived again denying drinking alcohol. The applicant was released to his unit. Law Enforcement Report - SIR/Final, dated 18 October 2017, reflects Trial Counsel, Office of the Staff Judge Advocate, JBLM, opined no probable cause existed to believe the applicant committed the offenses of Rape against Mrs. [redacted] and Assault against Trial Counsel further opined there was probable cause to believe the applicant committed the offense of Assault against Mrs. [redacted]. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DA Form 5689; DD Form 256A; DD Form 214; DD Form 293; third-party letter; a self-authored statement. 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 which included a combat tour. 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 desires to rejoin the Military Service. 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. 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 24 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 AR20180005940 1