1. Applicant’s Name: a. Application Date: 11 June 2015 b. Date Received: 15 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to his narrative reason for separation. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of being able to reenlist and or to join his local police department. The applicant contends his discharge should be upgraded due to him having only received counseling and a Summarized Article 15, seven months prior to his separation and before he was able to have a sleep study done. He believes the Article 15 was unjust because he had a medical doctor confirm his chemical imbalance impaired his ability to wake up. The applicant contends that multiple Soldiers received Article 15s and an honorable discharge. He believes his medical condition was not weighed with any of his counselings or his Article 15. His sleeping problem has been corrected and now wants to try again to give his family a better life. In a records review conducted at Arlington, VA on 26 August 2016, 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 January 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 January 2013 (2) Basis for Separation: The applicant was informed of the following reasons: failed to go to his appointed place of duty on numerous occasions; made a false official statement; and, disobeyed a noncommissioned officer. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 8 January 2013 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 17 January 2013 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 16 November 2011 / 6 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 109 c. Highest Grade Achieved/MOS/Total Service: E-3 / None / 1 year, 2 months, and 14 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Status Evaluation, date 11 December 2012, which shows the applicant was diagnosed with an Axis I for occupational problem. It was noted that the applicant appeared not to have any mental health conditions that would preclude administrative separation at the time. The applicant was cleared from a mental health standpoint to participate in administrative proceedings, and chapter action at the discretion of his command. The applicant was screened for PTSD and TBI per OTSG guidance and was negative for those conditions. Several DA Forms 4856 (Developmental Counseling), dated between 10 March 2012 and 17 November 2012, for motivation and positive impact to his unit, being late for accountability formation on several occasions, failing to complete corrective training, failure to follow METC Student Customs and Courtesies, failure to follow orders and instructions, unaccounted absence, being late to class, insubordinate conduct towards a senior noncommissioned officer, and falsification of official statements. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 11 June 2015, and 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, for a pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to his narrative reason for separation. The applicant’s record of service, the documents and the issues submitted with the 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. The appropriate SPD code and narrative reason for discharge to assign enlisted Soldiers who are discharged for a pattern of misconduct is “JKA” and the RE code is 3. The regulation further stipulates that no deviation is authorized. 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. The applicant contends his discharge should be upgrade due to he only received counseling and a summarized Article 15, seven months prior to his separation and before a sleep study was done. However, the service record indicates the applicant committed several discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant’s numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant contends that the Article 15 he received was unjust because he had a medical doctor confirm that the reason he was not waking up for formation was due to a chemical imbalance, his medical condition was not weighed with any of his counselings or his Article 15, and that his sleeping problem has been corrected and he now wants to try again to give his family a better life. However, 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. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. The applicant contends he had good service and deserves an honorable characterization. However, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of a pattern of misconduct. It appears the applicant’s generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. The applicant contends that multiple Soldiers received Article 15 and were honorably discharged. However, the method in which another Soldier’s case was handled is not relevant to the applicant’s case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant desires an upgrade of his discharge for the purpose of being able to reenlist and or to join his local police department. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Also, 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 an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 26 August 2016, 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 SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010332 1