1. APPLICANT’S NAME: a. Application Date: 25 February 2015 b. Date Received: 2 March 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general under honorable conditions discharge to honorable. The applicant states, in effect, he would like his RE code changed to reenlist and he wants a second chance to prove himself. In a personal appearance review conducted at Arlington, Virginia, on 16 November 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: In Lieu of Trial by Court-Martial/AR 635-200, Chapter 10/KFS/RE-4/General Under Honorable Conditions b. Date of Discharge: 29 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 May 2011 (2) Basis for Separation: DD Form 458 (Charge Sheet) indicates the applicant was charged with: Committing an assault upon PFC M by pointing at him with a dangerous weapon likely to produce death or grievous bodily harm, to wit: a loaded firearm, Wrongfully communicate to PFC M a threat to injure the said PFC M by shooting him with an M4 service rifle, and Wrongfully communicate to PFC M a threat to injure or kill the said PFC M by shooting him with an M4 service rifle. (3) Recommended Characterization: NIF (4) Legal Consultation Date: 16 May 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: Illegible/Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 2 May 2008/6 years b. Age at Enlistment/Education/GT Score: 34 years/HS Diploma/104 c. Highest Grade Achieved/MOS/Total Service: SSG/E-6/11B10, Infantryman/10 years, 1 month, and 29 day d. Prior Service/Characterizations: USN 1 May 2001-28 April 2005/HD RA 29 April 2005-1 May 2008/HD e. Overseas Service/Combat Service: Service in Iraq (8 April 2007–30 June 2008) f. Awards and Decorations: ARCOM-3, AAM, AGCM, NDSM, AFEM, ACM-2, GWOTEM, ICM-2, NCOPDR-2, ASR, OSR-2, NAM-2, USNUC, USN E RIBBON, NGCM, USNSSDR-2 g. Performance Ratings: 3 Successful NCOER’s dated (1 October 2007-30 September 2008), (1 October 2009–30 September 2010), and (1 October 2010–26 March 2011) h. Disciplinary Action(s)/Evidentiary Record: None i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293, self-authored letter, letter of recommendation, several awards, certificates, letter of commendation citations, several counseling records and several pictures. 6. POST SERVICE ACCOMPLISHMENTS: None 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of his general under honorable conditions discharge to honorable. The applicant’s record of service, and issues submitted with his applications were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant’s previous case was reviewed and granted partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions at a Records Review held on 11 February 2013. The applicant desires his RE-Code change so that he can reenlist; he would like a second chance to prove himself. 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 a RE-Code of 4. A RE-Code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 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: a. The applicant submitted no following additional documents. b. The applicant requests a change to the Re-Code. 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. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: NA Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150004212 1