1. Applicant's Name: a. Application Date: 18 March 2018 b. Date Received: 27 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for employment and education benefits. The applicant contends that his discharge should be upgrade based on injuries that happened while in active service. Due to his injured back he has had a hard time finding work that fits in his guide lines. The applicant contends he is in college now at Motorcycle Mechanics Institute (MMI) to become a Harley Tech and needs his benefits and that most truck driving companies won't hire someone with has characterization of service. In a records review conducted at Arlington, VA 26 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 December 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 November 2009 (2) Basis for Separation: The applicant was informed of the following reason: being absent without leave from 22 April 2009 to 7 August 2009. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 November 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 November 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 March 2006 / 3 year, 24 weeks b. Age at Enlistment / Education / GT Score: 19 / GED / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 3 years, 5 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Three DA Form's 4187 (Personnel Action) changing the applicant's duty status from present for duty (PDY) to absent without leave (AWOL), PDY to dropped from the rolls (DFR), and DFR to PDY. Report of Mental Status Evaluation, dated 14 August 2009, which indicates the applicant at the time was mentally sound and able to appreciate any wrongfulness in his conduct and to conform his conduct to the requirements of the law. He had the mental capacity to understand and participated in board or other administrative proceedings. PTSD and TBI screening were both unremarkable. i. Lost Time / Mode of Return: Absent Without Leave for 107 days (22 April 2009 to 6 August 2009) / mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; character letters; student progress report from MMI: and background check from hometown. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that he is in college at Motorcycle Mechanics Institute (MMI) to become a Harley Tech. 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 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 she should have been retained on Active duty. The applicant contends that his discharge should be upgrade based on injuries that happened while in active service. Due to his injured back he has had a hard time finding work that fits in his guide lines. The applicant contends he is in college now at Motorcycle Mechanics Institute (MMI) to become a Harley Tech and needs his benefits and that most truck driving companies won't hire someone with has characterization of service. The applicant's post-service accomplishments were noted and the applicant is to be commended on his accomplishment. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. The applicant expressed his desire for an upgrade of his discharge for the purpose of employment and education benefits. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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 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 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 26 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 AR20180009497 2