1. Applicant's Name: a. Application Date: 19 December 2019 b. Date Received: 23 December 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, the discharge is negatively impacting his life, employment, and educational opportunities. The applicant states he tried to rejoin the military and was denied. He has learned from his mistakes and wants to restart his life. In a telephonic personal appearance hearing conducted at Arlington, VA on 10 May 2021, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's post- service accomplishments and likely language barrier issues. 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), 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: 12 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 May 2015 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was derelict in the performance of his duties on 6 December 2014; the applicant failed to report on 5 February 2015; the applicant disobeyed a direct order from a field grade officer; and the applicant made false official statements on diverse occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 May 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 June 2015/ General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 February 2014 / 3 years, 34 weeks b. Age at Enlistment / Education / GT Score: 34 / 1-year college / 80 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 1 year, 3 months, 25 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG, Article 15, on 15 January 2015, for being derelict in the performance of duty by failing to keep positive control of his weapon. The punishment consisted of extra duty and restriction for 14 days. CG, Article 15, on 19 February 2015, for failing to go at the prescribed time to his appointed place of duty and with intent to deceive, sign an official document on or about 5 February 2015. The punishment consisted of reduction to private first class and extra duty and restriction for 14 days. FG, Article 15, on 18 March 2015, for failing to obey a lawful order on or about 25 February 2015, and making a false official statement on or about 20 February 2015. The punishment consisted of reduction to private/E-1 and extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 13 May 2015, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, DD Form 214. 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 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 the applicant's discharge was appropriate because the quality of the 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 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 he should have been retained on Active Duty. The applicant has expressed his desire to have better job and educational opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. c. AR20190002528 / Witness(es) / Observer(s): N/A 10. BOARD DETERMINATION: In a telephonic personal appearance hearing conducted at Arlington, VA on 10 May 2021, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's post-service accomplishments and likely language barrier issues. 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), the separation code to JKN. 11. 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: 5/12/2021 Presiding Officer, COL, U.S. ARMY Army Discharge Review Board Signed by: LEONARD.THEODORE.JOSEPH.1100996126 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