1. Applicant's Name: a. Application Date: 7 May 2018 b. Date Received: 25 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 effect, an upgrade will allow additional benefits such as vocation rehabilitation, disability and the GI Bill. The applicant believes the discharge was premature, which could have been corrected. The applicant was not afforded the opportunity to correct the negative actions and the proper procedures were not followed during out-processing, as the applicant did not receive dental treatment. The applicant believes the chain of command did not make an attempt to counsel the applicant before discharge, which denied the applicant several benefits that the applicant was entitled to. The applicant learned the Army Physical Fitness Test (APFT), which the applicant had failed, was due to a muscle disease. In a records review conducted at Arlington, VA on 11 December 2019, 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 / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 August 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 July 2003 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 7 May 2002, he unlawfully pulled K P out of her vehicle by her hair; On or about 21 February 2003, he unlawfully struck K P in the face by throwing a palm-sized alarm clock at her; and, On or about 7 June 2003, he, having knowledge of a lawful general order to register all firearms with the provost marshal, willfully failed to obey the same. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 July 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 July 2003 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 July 2001 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19D10, Calvary Scout / 2 years, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 7 May 2002, reflects the applicant was apprehended for: Assault (On Post). Military Police Report, dated 21 February 2003, reflects the applicant was apprehended for: Interfering with Reporting of a Domestic Violence (On Post); and, Assaults (On Post). Report of Mental Status Evaluation, dated 1 May 2003, 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. Military Police Report, dated 8 June 2003, reflects the applicant was apprehended for: Malicious Intent (On Post); Failure to Obey Written Order or Regulation (Failure to Register Weapon) (On Post); and, Possession of Stolen Property (On Post). Commander's Report, dated 11 July 2003, reflects the applicant received a CG Article 15, imposed on 4 December 2002. The applicant was found guilty of one specification of Article 86, AWOL. The punishment consisted of a reduction to E-2 (suspended); forfeiture of $289 pay (suspended); and, extra duty and restriction for 14 days. i. Lost Time / Mode of Return: 3 days (NIF, 4 November 2002 - 6 November 2002) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 the proper processes were not followed during his separation and he was not counseled by his chain of command. However, 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 character of the applicant's discharge is commensurate with his overall service record. The applicant contends he was not afforded the opportunity for rehabilitation. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non- judicial punishment. The applicant failed to respond appropriately to these efforts. The applicant contends he was suffering from a muscle disease, which caused him to fail a APFT. However, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. Further, the available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant contends that an upgrade of his discharge would allow veterans benefits. However, eligibility for veteran's benefits to include the GI Bill, do 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 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 11 December 2019, 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 AR20180008735 4