1. Applicant's Name: a. Application Date: 15 November 2017 b. Date Received: 7 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, an upgrade will allow use of the GI Bill and other VA benefits available to the applicant. During service as a 92F, the applicant was not under positive leadership. The applicant was in a unit, but unable to complete the duties under the MOS due to lack of equipment, which left the applicant with idle time and no direction. The applicant was an E-4 with prospects of becoming an E5 and reenlisting when the applicant made a mistake. The applicant requests the Board consider the impact the discharge will have on the rest of life in an effort to reestablish oneself as a productive member of society. The applicant completed the entire required enlistment. In a records review conducted at Arlington, VA on 19 February 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 / Under Other Than Honorable Conditions b. Date of Discharge: 15 June 2017 c. Separation Facts: The applicant's complete separation packet is void from his service record. (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: Commander's Report, dated 25 April 2017, reflects the specific reasons for the initiation of separation proceedings: On 17 January 2015, Soldier was pulled over for operating a vehicle at night without illuminated headlights. When pulled over he was administered a series of field sobriety tests which he .performed poorly. Soldier was given a Preliminary Alcohol Screening (PAS), which resulted in a Blood Alcohol Content (BAC) of .138 percent. On 28 May 2016, Soldier was stopped at a traffic stop for speeding on H201 West adjacent *to the Aiea ramp. Soldier was administered a series of field of sobriety tests, which he performed poorly. Soldier was administered a PAS, which resulted in a BAC of .124 percent. On 5 November 2016, Soldier was stopped at a traffic stop on H201 West bound exit 13A adjacent Kaimakani Street, for speeding. Soldier was administered a series of field of sobriety tests, which he performed poorly. Also he refused to take a PAS. On 4 January 17, Soldier distributed approximately 13 grams of Psilocybin Mushrooms, a Schedule I controlled substance. (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 18 May 2017 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 January 2014 / 3 years, 23 days b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 82 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 3 years, 4 months, 21 days / The applicant's service record is void of any enlistment document, which would have retained him on active duty beyond his ETS date. d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum Of Reprimand, dated 14 July 2016, for operating a vehicle under the influence of and intoxicant (OVUI), resisting arrest and driving while license suspended or revoked. On 28 March 2016, the applicant was stopped at traffic stop on H201 West adjacent to the Aiea ramp. After making contact with him, the officer detected the odor of an alcoholic emitting from his breath. He was administered a Preliminary Alcohol Screening (PAS), which resulted in a BAC of .124 percent. He resisted arrest by refusing to put his hands behind his back, pulling away, and raising his arms towards the Officer's face. He was arrested and transported to the Kalihi Police station where he submitted a breath sample of .119 percent BRAC. He was further processed and released on $2000 bail. Standardized Field Sobriety Tests, which he performed poorly. He was then apprehended and taken to the Pearl City Police Station where he refused to submit to a breath sample. General Officer Memorandum Of Reprimand, dated 14 March 2017, for driving under the influence of alcohol and driving with a suspended or revoked license on 5 November 2016, in Aiea, Hawaii. The applicant was stopped by police for speeding and, upon making contact, the officer detected the odor of an alcoholic beverage emitting from his breath as he spoke. He was administered a series of Standardized Field Sobriety Tests, which he performed poorly. He was then apprehended and taken to the Pearl City Police Station where he refused to submit to a breath sample. i. Lost Time / Mode of Return: 18 days (NIF, 8 May 2017 - 26 May 2017) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; eight character statements. 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 under other than honorable conditions discharge to honorable. The applicant's available 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 he did not have good leadership. 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 that an upgrade of his discharge would allow educational benefits through the use of the GI Bill and other veteran's benefits. However, eligibility for veteran's 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good performance while in the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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 February 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 AR20180009403 1