1. Applicant's Name: a. Application Date: 13 December 2018 b. Date Received: 16 January 2019 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, would like to receive GI Bill benefits to attend college. The applicant has matured since military service. In better words, the applicant will be the leading star to the son's needs in life. In a records review conducted at Arlington, VA on 13 May 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 21 July 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 17 May 2010 (2) Basis for Separation: The applicant was informed of the following reasons for her discharge; misconduct on divers occasions, she failed to report to her appointed place of duty, she was absent without leave for less than 30 days, and on divers occasions she failed to obey lawful orders from noncommissioned officers. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 May 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 July 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2008 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-2 / 88M10, Motor Transport Operator / 1 year, 6 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 24 November 2009, for without authority, fail to go at the time prescribed to her appointed place of duty x3 (16 October 2009, 27 December 2009 and 16 October 2009); and having received a lawful order from SGT J.B., a noncommissioned officer, to write a 1000 word essay, an order which it was her duty to obey, did willfully disobey the same (5 November 2009); extra duty for 14 days. FG Article 15, dated 28 January 2010, for without authority, absented herself from her unit (22 December 2009 to 5 January 2010); and having received a lawful order from SFC S.R., a noncommissioned officer, to return to Fort Polk and return to the company area, an order which it was her duty to obey, did willfully disobey the same (21 December 2009); reduction to PVT / E-1, forfeiture of $723 (suspended), extra duty and restriction for 15 days. FG Article 15, dated 12 April 2010, for without authority, fail to go at the time prescribed to her appointed place of duty (10 March 2010); having received a lawful order from 1SG N.P.H., a noncommissioned officer, to take the diagnostic APFT, an order which it was her duty to obey, did willfully disobey the same (10 March 2010); and having received a lawful order from SSG B.E.H., a noncommissioned officer, to "stop and come back", an order which it was her duty to obey, did willfully disobey the same (10 March 2010); forfeiture of $723 pay for two months, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 20 May 2010, relates the applicant had the capacity to understand and participate in the evaluation and was mentally responsible. The evaluation did not reveal any psychiatric conditions or symptoms that would impair her ability to participate in the proceedings. She was psychiatrically cleared for any administrative action deemed appropriate by command. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL for 14 days, 22 December 2009 to 5 January 2010 for 14 days; mode of return unknown. 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 14-12c 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) to honorable. The applicant's record of service and the issues submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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 her 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 she should have been retained on Active Duty. The applicant seeks relief contending, she would like to receive GI Bill benefits to attend college. 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, she has matured since her military service. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant also contends, in better words she will be the leading star to her son's needs in his life. The applicant is to be commended. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 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 13 May 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 AR20190001873 1