1. Applicant's Name: a. Application Date: 11 September 2018 b. Date Received: 20 September 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, the discharge was inequitable because it was based on an isolated incident during 31 months of service with no other adverse action. 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 / Under Other Than Honorable Conditions b. Date of Discharge: 3 November 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully operated a motor vehicle without a valid driver's license x2 (7 May 2010 and 1 July 2010); he wrongfully used marijuana between (1 June 2010 and 1 July 2010); he wrongfully used cocaine between 27 June 2010 and 1 July 2010); he wrongfully disobeyed a person directing traffic (1 July 2010); and he wrongfully maintained unregistered weapons in his vehicle (1 July 2010). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 September 2010 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 13 October 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 April 2008 / 4 years b. Age at Enlistment / Education / GT Score: 22 years / 1 year college / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 21E10, Construction Equipment Operator / 2 years, 6 months, 4 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 1 July 2010, revealed the applicant was under investigation for obstruction of justice, driving while license suspended, no vehicle insurance, fleeing and eluding, disobeying person directing traffic, failing to obey a General Order-driving on post suspension, and unlawful possession of a weapon-pistol, on post. Report of Mental Status Evaluation, dated 7 July 2010, reflects the applicant has no prior history of behavioral health treatment or medication. He denies symptoms of PTSD or TBI. He met the retention standards prescribed in AR 40-50 1, and there was no psychiatric disease or defect that warrants disposition through medical channels. He was cleared for any administrative actions deemed appropriate by command, such as separation under AR 635-200, Chapter 14- 12. FG Article 15, dated 7 September 2010, for violating Section 40-5-20(A), Official Code of Georgia Annotated, adopted by the Federal Government through the Federal Assimilative Crimes Act by operating a motor vehicle on without a valid driver license x2 (7 May 2010 and 1 July 2010); wrongfully use marijuana between (1 June 2010 and 1 July 2010); wrongfully use cocaine between (27 June 2010 and 1 July 2010); violate Section 40-6-2, Official Code of Georgia Annotated, adopted by the Federal Government through the Federal Assimilative Crimes Act by disobeying a person directing traffic (1 July 2010); and violate a lawful general regulation, Fort Stewart Regulation 190-2 by maintaining unregistered weapons in his vehicle (1 July 2010); reduction to PVT / E-1, forfeiture of $723 pay for two months, extra duty and restriction for 45 days. Applicant received a negative counseling statement, dated 13 September 2010, for initiation of separation action. 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 under other than honorable conditions to general (under honorable conditions). The applicant's record of service and the issue 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 a general or 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, his discharge was inequitable because it was based on an isolated incident during 31 months of service with no other adverse action. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 AR20180014162 1