1. Applicant's Name: a. Application Date: 6 November 2018 b. Date Received: 15 November 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, would like an upgrade of discharge for the purpose of being able to rejoin the Army and further an education with a second chance unmarried and in a non-airborne unit with changing the MOS. The applicant contends that the ETS date was 14 July 2018 without using leave to get out sooner. The marriage the applicant was in effected the military career and this is why the applicant would like a second chance. The applicant is 26 years old as of May 2018 and has a son who is 4 years old and would like the best chance to better one's life for oneself and with an upgrade of discharge would better the chances in searches for job. In a records review conducted at Arlington, VA on 18 March 2020, and by a 3-2 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 / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 21 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 December 2017 (2) Basis for Separation: The applicant was informed of the following reason: for operating a vehicle without a valid USAREUR License. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 9 January 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 January 2015 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13J1P, Fire Control Specialist / 3 years, 2 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Law enforcement Report, dated 19 September 2017, which indicates the applicant was the subject of investigation for failure to obey a general order and operating a vehicle with a suspended USAREUR License. Administrative Reprimand, dated 12 October 2017, which indicates the applicant was reprimanded for operating a motor vehicle while intoxicated on 30 July 2017 in Nuernberg, Germany. During a routine traffic stop, German Police detected an odor of alcohol emanating from his person. The police administered a breath alcohol test, with the result of .073% blood alcohol concentration (BAC). The applicant was transported to the Nuernberg Germany Police Station and administered a blood alcohol test with the result of .082% BAC. FG Article 15, dated 27 November 2017, for violating a general regulation, to wit: paragraph I-1, Army in Europe Regulation 190-1, dated 13 July 2017, by wrongfully driving with a revoked driver's license on 20 August 2017. The punishment consisted of reduction toe E-1, forfeiture of $799 pay per month for two months, extra duty for 45 days, and restriction for 45 days (suspended). Report of Mental Status Evaluation, dated 7 February 2017, which indicates the applicant was diagnosed with an Axis I for Partner Relational Problem. It was noted that the applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. From a behavioral health perspective, the applicant was cleared for separation. Counseling statements for driving while under the influence of alcohol and the pending plan of action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 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 he should have been retained on Active duty. The applicant seeks relief contending, that his ETS date was 14 July 2018 without using leave to get out sooner. The marriage he was in effected his military career and this is why he would like a second chance. He is 26 years old as of May 2018 and he has a son who is 4 years old and he would like the best chance to better his life for him and with an upgrade of his discharge this would better his chances in his searches for job. The applicant's contentions were noted; 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 expressed his desire for an upgrade of his discharge for the purpose of being able to rejoin the Army and further his education with a second chance unmarried and in a non- airborne unit with changing his MOS. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. Furthermore, 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 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 18 March 2020, and by a 3-2 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 AR20180016056 1