1. Applicant's Name: a. Application Date: 25 June 2018 b. Date Received: 29 June 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, wants to attend school to better oneself and the life of the applicant's kids. The applicant alleges being told by the commanding officer that the applicant's status would change after a few a years and it never happened. In a records review conducted at Arlington, VA on 24 January 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: 23 February 2007 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 8 February 2007 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he made a false official; statement to a commissioned officer (16 June 2006); he stole money from a another service member (9 June 2006); he struck, disobeyed and was disrespectful in language to a noncommissioned officer (29 November 2006); and while stationed at Camp Liberty, Iraq, he was found sleeping upon his post as a sentinel at the Brigade Internment Facility (18 September 2005). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 February 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 February 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 September 2004 / 3 years, 22 weeks b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Operations / 2 years, 5 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq, 8 August 2005 to 24 July 2006 f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 28 September 2005, at Camp Liberty, being on post as sentinel at the Brigade Internment Facility, was found sleeping upon his post (18 September 2005); reduction to PVT / E-1, forfeiture of $617 pay and extra duty for 45 days (suspended). FG Article 15, dated 5 January 2007, for striking SGT J.L., a noncommissioned officer, who was in the execution of his office, by pushing him on the chest with his hands (29 November 2006); having received a lawful order from SGT J.L., to go to parade rest, an order which it was his duty to obey, did willfully disobey the same (29 November 2006); and he was disrespectful in language and deportment toward SGT J.L., a noncommissioned officer, who was in the execution of his office, by saying to him, "go about your f business," "f off," and "get the f away from me," or words to that effect, and by turning from and walking away from him (29 November 2006); forfeiture of $636 pay for two months (suspended), extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 21 December 2006, shows the applicant's had an Axis I diagnosis of occupational problems. There was no psychiatric disorder that required disposition through medical channels. He was mentally responsible for his behavior, could distinguish right from wrong and possessed sufficient mental capacity to participate in the administrative proceedings. He was cleared for any administrative or judicial actions deemed appropriate by command. The applicant received several negative counseling statements for various acts of misconduct and monthly counseling. 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 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. 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 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 documented pattern of misconduct, the applicant 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 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 seeks relief contending, he wants to attend school to better himself and the life of his kids. 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 applicant further contends, he was told by his commanding officer that his status would change after a few a years and it never happened. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 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 24 January 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 AR20180009804 1