1. Applicant's Name: a. Application Date: 16 April 2018 b. Date Received: 27 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, the applicant was discharged from active duty while injured and pending surgery. The discharge was expedited to prevent going through medical board proceedings. In a records review conducted at Arlington, VA on 19 August 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: Unsatisfactory Performance / AR 635- 200, Chapter 13 / JHJ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 April 2003 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 23 January 2003 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he received a FG Article 15 on 25 October 2002, for failing to report, disrespect toward a commissioned officer, disobeying a lawful command on two different occasions, and disrespect toward a noncommissioned officer on two different occasions. He has a discipline and insubordination problem. Counseling was administered to him several times. His actions had an adverse impact on military discipline, good order, and morale. His abilities to perform duties effectively are unlikely and his potential for advancement or leadership is unlikely. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 January 203, the applicant requested consideration of his case by an administrative separation board. (5) Administrative Separation Board: On 5 March 2003, the separation authority referred the applicant's case to an administrative separation board. On 7 March 2003, the applicant was notified to appear before an administrative separation board and advised of his rights. On 1 April 2003, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant be separated with issuance of a characterization of service of general (under honorable conditions). (6) Separation Decision Date / Characterization: 9 April 2003 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 June 2002 / NIF b. Age at Enlistment / Education / GT Score: 28 years / AA Degree / 103 c. Highest Grade Achieved / MOS / Total Service: E-4 / 56M10, Chaplain Assistant / 8 years, 3 days / block 12c on the applicant's DD form 214 net active service this period, is incorrect and should read as annotated in the Case Report and Directive. d. Prior Service / Characterizations: USAR, 20 January 1994 to 28 March 1994 / NA IADT, 29 March 1994 to 14 October 1994 / HD USAR, 15 October 1994 to 22 March 2001 / NA RA, 23 March 2001 to 31 May 2001 / HD e. Overseas Service / Combat Service: Germany f. Awards and Decorations: NDSM-2, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 10 October 2002, for without authority, fail to go at the time prescribed to his appointed place of duty (1 September 2002); behave himself with disrespect toward CPT W.C.H. his superior commissioned officer, by saying to him in a threatening manner "people just need to realize that they don't want to push me like that," or words to that effect (10 June 2002); having received a lawful command from CPT W.C.H., his superior commissioned officer, to take the TMP to the wash-rack, or words to that effect, did willfully disobey the same (1 May 2002); having received a lawful command from CPT W.C.H., his superior commissioned officer, to submit paperwork to reserve a TMP, or words to that effect, did willfully disobey the same (29 April 2002); he was disrespectful in language toward SFC S.H., a noncommissioned officer, who was then in the execution of his office, by interrupting him, raising his voice, and saying to him in a threatening manner "that's it, I've had it" and "you shouldn't push me," or words to that effect (5 September 2002); and he was disrespectful in language and deportment toward SFC S.H., a noncommissioned officer, who was then in the execution of his office, by saying to him "it's one thing to correct someone, but it's another to push somebody," or words to that effect, while rolling his eyes (10 June 2002); reduction to PVT / E-1, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 26 November 2002, revealed there was no evidence of a mental disease or defect of any psychiatric significance that would cause the applicant to be considered for a psychiatric evaluation. He was cleared for any administrative action deemed appropriate by Command. The applicant received several negative counseling statements for various acts of misconduct; and monthly performance counseling and recommendation for Chapter 13 separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and / or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because of the unsatisfactory performance which diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant's service mitigated the duty performance, such that he should have been retained on Active Duty. The applicant seeks relief contending, he was discharged from active duty while injured and pending surgery; and his discharge was expedited to prevent him from going through medical board proceedings. 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 19 August 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 AR20180008335 1