1. Applicant's Name: a. Application Date: 24 April 2018 b. Date Received: 30 April 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, discharge was inequitable, because it was based on one incident in 22 months of service. The applicant made a poor decision. However, applicant honorably served and continues to live honorably. The applicant desires for a better life-an upgrade would help with changing this. Applicant is enrolled in a career college. Although applicant does not wish to pursue the MGIB, the applicant feels an entitlement to the Post 9/11 GI Bill. In a records review conducted at Arlington, VA on 8 July 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 22 February 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 February 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On 1 May 2007, the applicant received a CG Article 15 for providing alcohol to a minor, in violation of Article 134, UCMJ. On 26 September 2007, the applicant received another CG Article 15 for failing to report to his appointed place of duty at the prescribed time, in violation of Article 86, UCMJ. On 17 September 2007, the applicant was arrested by Fairbanks Police for assault. An investigation revealed that the applicant and two of his fellow Soldiers were driving in the applicant's car, shooting paintballs at random people on the street. The applicant was sentenced to Community Service as a result. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 6 February 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 February 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 June 2006 / 4 years, 16 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 1 year, 8 months, 10 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: NDSM; GWOTSM; ASR; VUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for failing diagnostic APFT; providing alcohol to a minor; disobeying a senior NCO; failing to manage his personal finances; failing to pay his AAFES Star card; and performing his community service. CG Article 15, dated 1 May 2007, for wrongfully purchasing alcohol for an underage person on 23 March 2007. The punishment consisted of a reduction to E-1, forfeiture of $303 pay per month (suspended), and 14 days of extra duty and restriction. CG Article 15, dated 26 September 2007, for failing to report to his appointed place of duty at the prescribed time on 17 September 2007. The punishment consisted of a forfeiture of $303, and 14 days of extra duty and restriction. Memorandum for Record, dated 24 October 2007, Subject: Summary of civilian conviction of [the applicant], indicates that on 17 September 2007, the applicant with two other Soldiers were arrested by civilian police for shooting five to eight civilians with a paintball gun and charges for misdemeanor class 4 assault. The applicant was sentenced to 30 days in jail, fined $550, and one-year probation. Report of Behavioral Health Evaluation, dated 25 October 2007, providing no "AXIS I" diagnosis, psychiatrically cleared the applicant for any administrative action deemed appropriate by his command. Civilian Police Report, dated 24 January 2008, reports that the applicant was the subject of an investigation and arrested for assault-simple on 18 September 2007. 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 24 April 2018. 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 14-12b 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service and the issues 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. By the pattern of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his 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 he should have been retained on Active Duty. The applicant contends the incident that caused his discharge was the only one in his 22 months of service. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army, and the record of Article 15 proceeding clearly established a pattern of misconduct. 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 his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the Post 9/11 GI Bill as he desires to better his life. However, 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. 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 8 July 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 AR20180008329 1