1. Applicant's Name: a. Application Date: 11 August 2018 b. Date Received: 16 August 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) or honorable. The applicant seeks relief contending, in effect, the applicant received no medical assistance from injuries sustained during military service. The applicant received no educational benefits for time served. The applicant received no BAH, BAQ for child / dependent during time in service. In a records review conducted at Arlington, VA on 17 July 2019, and by a 3-2 vote, the Board determined the discharge is inequitable. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 14 December 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 20 November 2017 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he violated a General Order x2 (1 January 2017 and 23 July 2017); and he disobeyed a lawful order from a noncommissioned officer (23 July 2017). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 November 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 November 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 April 2016 / 5 years b. Age at Enlistment / Education / GT Score: 28 years / HS Graduate / 83 c. Highest Grade Achieved / MOS / Total Service: E-3 / 12N10, Horizontal Construction / 1 year, 8 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 9 May 2017, for failing to obey a lawful general order, by wrongfully not being on his assigned installation by 0100 hours (1 January 2017); reduction to PVT / E-1, forfeiture of $799 pay for two months (suspended); extra duty and restriction for 45 days and an oral reprimand. On 3 October 2017, the suspension of punishment of forfeiture of $799 pay for two months was vacated for the new offense of failing to obey a lawful general order, by wrongfully not being in his assigned room by 0200 hours (23 July 2017). FG Article 15, dated 3 October 2017, for having received a lawful order from SSG M.L.G., a noncommissioned officer, to get back to the barracks, or words to that effect, an order which it was his duty to obey, did willfully disobey the same (23 July 2017); and failing to obey a lawful general order, by wrongfully not being in his assigned room by 0200 hours (23 July 2017); forfeiture of $799 pay for two months (suspended); extra duty and restriction for 45 days and an oral reprimand. Report of Mental Status Evaluation, dated 25 October 2017, revealed that the applicant met the retention standards and was cleared for administrative separation. He was screened with no significant behavioral health findings. ALHTA records did not endorse any concerns which would deter applicant from being administratively separated. The applicant received several negative counseling statements for various acts of misconduct and initiation of Flags. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Letter, VA pension claim denied (three pages); letter, VA regarding application for benefits; two letters, VA, disapproval of claim for education benefits (four pages); application for Identification Card / Deers Enrollment; pay inquiry; and finance records review (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 14-12c 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 the characterization of service from general (under honorable conditions) or 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that 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 received no medical assistance from injuries sustained during military service; and he received no educational benefits for time served. 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. 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. The applicant further contends, he received no BAH and BAQ for child / dependent during time in service. The applicant's contention does not fall within the purview of this Army Discharge Review Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 17 July 2019, and by a 3-2 vote, the Board determined the discharge is inequitable. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180016133 1