1. Applicant’s Name: a. Application Date: 6 July 2015 b. Date Received: 14 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from general (under honorable conditions) to honorable, and to change the narrative reason for his discharge. The applicant seeks relief contending, in effect, his discharge is unjust because he never got a chance to explain himself. He did not do what he was charged with. After carefully examining the applicant's record of service during the period of enlistment under review and hearing his testimony, the Board determined the applicant's discharge is now inequitable based on the quality of his service and post-service accomplishments, and the circumstances surrounding the not deserving discharge, and as a result the discharge is inequitable. Accordingly, in a personal appearance hearing conducted at Arlington, VA on 6 June 2016, and by a 5-0 vote, the Board granted full relief in the form of an upgrade to honorable and changing the narrative reason for separation to misconduct (minor infractions), separation authority to AR 635-200, paragraph 14-12a, separation code to JKN, and reentry code to 1. (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: 27 February 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 February 2015 (2) Basis for Separation: The applicant was informed of the following reasons: showing total disregard for military rules and regulations; violating Article 120, UCMJ, on 8 November 2014, by engaging in a sexual contact with an Advanced Training Soldier without her permission; and the seriousness of the circumstances is such that his retention would have an adverse impact on military discipline, good order, and morale. (3) Recommended Characterization: General (Under Honorable Conditions) discharge (4) Legal Consultation Date: Waived on 12 February 2015 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 23 February 2014 / General (Under Honorable Conditions) discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 10 June 2014 / 4 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 88 c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 8 months, 18 days d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Negative counseling statements for committing a serious offense; initiating an action to separate him due to investigative findings of abusive sexual contact with an adult; CID investigation findings; and committing a sexual assault. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: None. 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 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 the narrative reason with its corresponding codes for his separation. The applicant’s record of service and the issues 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 sufficient evidence that the applicant’s service mitigated the misconduct or poor duty performance, such that he should have been retained. The applicant’s contentions of his discharge being unjust were carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discharged. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or any evidence has been provided with the request for an upgrade of the discharge or to change the narrative reason with its corresponding codes for his discharge. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 for "Misconduct (Serious Offense)," and the separation code is "JKQ." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, the applicant requested a change to the reentry code. 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 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 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 documents: 1. Letters from witnesses – 3 pages 2. Certificates of Achievement from 244th Quartermaster Battalion, dated 14 November 2014 – 2 pages b. The applicant presented the following additional contentions: Change character of service to honorable and narrative reason to misconduct c. Witness: Spouse 10. BOARD DETERMINATION: After carefully examining the applicant's record of service during the period of enlistment under review and hearing his testimony, the Board determined the applicant's discharge is now inequitable based on the quality of his service and post-service accomplishments, and the circumstances surrounding the discharge not deserving discharge, and as a result the discharge is inequitable. Accordingly, in a personal appearance hearing conducted at Arlington, VA on 6 June 2016, and by a 5-0 vote, the Board granted full relief in the form of an upgrade to honorable and changing the narrative reason for separation to misconduct (minor infractions), separation authority to AR 635-200, paragraph 14-12a, separation code to JKN, and reentry code to 1. 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 SPD/RE Code to: AR 635-200, Paragraph 14-12a/ RE-Code 1 e. Restore (Restoration of) Grade to: 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 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 AR20150012008 5