1. Applicant's Name: a. Application Date: 20 April 2018 b. Date Received: 4 May 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 pertinent part and in effect, the applicant's experiences and serving as a Soldier were the best time of life. The applicant was committed and dedicated one-hundred percent of the time, and remained proficient. The applicant exemplified the characteristics of a good Soldier and received recognitions for it. Unfortunately, the applicant made a single and irresponsible mistake. At the age of 21, the applicant is struggling to find employment and money for college. The applicant has a scar on the record that make life extremely hard for a young adult. In a records review conducted at Arlington, VA on 31 May 2019, and by a 3-2 vote, the Board determined that the discharge was too harsh and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 15 December 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 October 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On 25 June 20717, the applicant wrongfully operated a motor vehicle while under the influence of alcohol and while under the legal drinking age of 21 years old. Subsequently, she received a General Officer Memorandum of Reprimand (GOMOR) filed in her Army Military Resource Record (AMHRR) on 17 October 2017. She also received a FG Article 15 on 15 August 2017, which resulted in a reduction to Private E- 1, forfeiture of $799 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: The election of Rights, dated 25 October 2017, does not include consultation with counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: In an undated memorandum / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 March 2016 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 118 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M1P, Motor Transport Operator / 1 year, 9 months, 9 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being stopped by the gate guard and being charged with driving while impaired and underage drinking. General Officer Memorandum of Reprimand and its associates documents, dated 3 August 2017, indicates the applicant was reprimanded for driving while under the influence of alcohol. Report of Mental Status Evaluation, dated 13 July 2017, providing not diagnoses, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by her separation authority. FG Article 15, dated 15 August 2017, for failing to obey a lawful order on 25 June 2017, by wrongfully consuming alcohol while under the age of 21. The punishment consisted of a reduction to E-1, forfeiture of $799 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 20 April 2018; Falcon of the Week Nomination Article; nine certificates of training; Airborne Course diploma; Individual Jump Record; Armed Forces Classification Test results; seven certificates of completion; and applicant's statement. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her 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. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of her service that ultimately caused her discharge from the Army. 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 she should have been retained on Active Duty. The applicant contends an upgrade would allow her employment opportunities and the benefits of the GI Bill, because her current discharge denies her those benefits. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veterans' 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. In consideration of the applicant's service accomplishments and quality of her service prior to the incidents of misconduct, the Board can find that her accomplishments and complete period of service were or were not sufficiently mitigating to warrant an upgrade of her characterization of service. The applicant contends at a young age, she made a singular and irresponsible mistake. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. The record also shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 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 31 May 2019, and by a 3-2 vote, the Board determined that the discharge was too harsh and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180007021 1