1. Applicant's Name: a. Application Date: 27 January 2019 b. Date Received: 29 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the applicant's general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, the serious offense of a DUI, which was the reason for separation and type of discharge was dismissed with prejudice by the court. The dismissal happened after and not before the Army made their decision to finish separating the applicant. The applicant was not guilty of the serious offense of a DUI and it is not in the applicant's criminal record. The applicant served for five years and nine months on active duty with a deployment to Iraq in 2014. The applicant earned many awards, including the good conduct medal, which is given when one has completed three years of service with no issues and no discipline actions. In summary, the character of the applicant's service does not reflect the applicant's time in the Army in that the applicant's time in the Army was served honorably. In a records review conducted at Arlington, VA on 27 May 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service. 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 5 October 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: On 13 September 2018, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense. / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 January 2013 / 6 years b. Age at Enlistment / Education / GT Score: 19 / Some College / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15Y10, AH-64D Armament/Electrical/Avionic Systems Repairer / 5 years, 8 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (5 December 2014 - 23 August 2015) f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Commander's Report, undated, reflects the commander recommended the applicant's separation under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: On 31 March 2018, the applicant drove a motor vehicle while under the influence of alcohol with a Breath alcohol Content of 0.128. CG Article 15, dated 31 May 2018, for being derelict in the performance of his duties in that he negligently failed to use the correct equipment to properly complete a biweekly gun inspection on an aircraft (3 May 2018); and, with intent to deceive, sign off on a supervisor check using SGT G.'s Personal Identification Data (3 May 2018). The punishment consisted of a reduction to E-3; forfeiture of $507 pay (suspended); and, extra duty for 14 days. General Officer Memorandum Of Reprimand, dated 16 July 2018, for driving under the influence of alcohol. On 31 March 2018, at approximately 0145, a Honolulu police officer stopped the applicant for racing his motor vehicle. Upon making contact with him, the police officer observed the applicant to have red, glassy and watery eyes and detected an odor of alcohol emitting from his breath as he spoke. After performing poorly on a series of Standardized Field Sobriety Tests, the police officer arrested and transported the applicant to the Wahiawa police station where a breath sample revealed a breath alcohol concentration of 0.131 grams of alcohol per 210 liters of breath, thus exceeding the legal limit. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214; DA Form 4950; Notice of Entry of Judgment and/or Order and Plea/Judgment; DA Form 1695. 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 his general (under honorable conditions) discharge to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 contends he did not commit a serious offense and provides a court document in support of his contention. 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 contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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 27 May 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service. 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 AR20190002182 1