1. Applicant's Name: a. Application Date: 25 July 2018 b. Date Received: 6 August 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, that the terms of discharge under AR 625-200 para 14-12b was improper. The applicant was not afforded a rehabilitative transfer as is required IAW AR 635-200 para 1- 16c. The applicant understands that the separation authority had the option to waive this requirement, but it was not present in the separation paperwork that this requirement was waived. In a personal appearance hearing conducted at Arlington, VA on 25 March 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 May 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 January 2017 (2) Basis for Separation: The applicant was informed of the following reason: for being drunk and disorderly on 14 May 2016 and 23 July 2016. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 January 2017 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board, conditional on receiving a characterization no less favorable than Honorable. For clarification this waiver did not include a General (Under Honorable Conditions) discharge. On 10 February 2017, the Commanding General having considered the applicant's separation packet and conditional waiver of an administrative separation board for an Honorable characterization of service, denied the applicant request. The applicant was order to appear before a Board of Officers on 7 March 2017, to determine if he was drunk and disorderly on 14 May 2016 and 23 July 2016. The Board found that there was sufficient evidence to prove the applicant was drunk and disorderly on or about 14 May 2016 and 23 July 2016. (6) Separation Decision Date / Characterization: On 8 March 2017, having reviewed the Administrative Separation Board Proceedings reference the applicant and carefully consideration of all matters, the separation authority directed the applicant be separated from the United States Army prior to the expiration of service, under the provisions of AR 635-200, Chapter 14-12b, with a characterization of service of General (Under Honorable Conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 October 2012 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 131 c. Highest Grade Achieved / MOS / Total Service: E-5 / 14T10, Patriot Operator / Maintainer / 6 years, 6 months, 12 days d. Prior Service / Characterizations: RA, 8 November 2010 to 11 October 2012 / HD e. Overseas Service / Combat Service: Korea, SWA / United Arab Emirates (19 February 2014 to 15 February 2015) f. Awards and Decorations: AAM-6, NDSM, GWOTEM, GWOTSM, KDSM, NOPDR, ASR-3 g. Performance Ratings: 1 November 2015 to 29 February 2016, h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 26 May 2016, for being drunk and disorderly on 14 May 2016, in violation of Article 134. The punishment consisted of reduction to E-4, forfeiture of $1,191 pay per month for two months (suspended), and extra duty and restriction for 45 days. FG Article 15, dated 1 September 2016, for being drunk and disorderly on 23 July 2016, in violation of Article 134. The punishment consisted of reduction to E-1 (suspended), forfeiture of $783 pay per month for two months (suspended), and extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 4 October 2016, showing the applicant was cleared for chapter 14-12b as appropriated IAW AR 635-200 and deemed necessary by his command. Negative counseling statements of acts of misconduct and performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a copy of his separation packet. 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 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 seeks relief contending that the terms of his discharge under AR 625-200 para 14-12b was improper. The applicant contends that he was not afforded a rehabilitative transfer as is required IAW AR 635-200 para 1-16c. He understands that the separation authority had the option to waive this requirement, but it was not present in his separation paperwork that this requirement was waived. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was not afforded a rehabilitative transfer. As noted by the applicant it was the separation authorities' option to waive this requirement. In fact, the applicant's two Articles 15 and numerous negative counseling statements justify a pattern of misconduct. 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, therefore resulting in separation action being initiated. Also as noted in the unit commander's recommendation memorandum, he made reference to in his "Statement why the commander does not consider it feasible or appropriate to accomplish other disposition: the service member (i.e., applicant) had failed to adhere to Army standards, and further opportunities advanced to the Soldier would not be beneficial towards the Army. It appears the separation authority did make it know why rehabilitative transfer was not considered. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 25 March 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20180011156 3