1. Applicant’s Name: a. Application Date: 5 August 2015 b. Date Received: 10 August 2015 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, a change to his narrative reason for separation, and a change to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, he would like an upgrade for the purpose of seeking employment in the federal prison system. The applicant contends that he was an outstanding Soldier, with regular recognition from his superiors, until First Sergeant (1SG) S. arrived to the unit. The applicant alleges that the 1SG was offended by the recognition the applicant received from superiors and became threatening and verbally abusive. The applicant states that he voiced his concerns to CPT A., who said he would talk to the 1SG; however, his intervention resulted in worse conditions than before. The applicant contends that he endured insults, ridiculing, and humiliation, publicly reprimanded, and threatened by the 1SG, his team leader, and squad leader. The applicant states that he requested to attend behavioral health counselling; however, was told he could only go to the clinic after duty hours, but the clinic was closed by then. The applicant believes he was singled out and that his separation was unfair and does not reflect his person as a Soldier and as a person. Per the Board's Medical Officer, based on the information available for review at the time, the applicant does not have a mitigating behavioral health condition for the offenses which led to his separation from the Army. Both the military electronic medical record (AHLTA) and the VA electronic medical record (JLV) were reviewed. In a records review conducted at Arlington, VA on 6 February 2017, 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: 10 December 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 September 2013 (2) Basis for Separation: The applicant was informed of the following reasons: multiple incidents of insubordinate conduct towards noncommissioned officers; failure to obey orders or regulations; and, simple assault. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 October 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 November 2013 / General (Under Honorable Conditions) / (Suspended for a period of 12 months, not to exceed 12 months) On 31 October 2014, the unit commander vacated the applicant’s suspended separation based on the following: failure to report for 0830 hours Class B uniform inspection (1 August 2014); disrespectful response to SFC E.W. when told to fall into formation for the Company Army Physical Fitness Test and while in formation, refused to conduct any of the exercises included in the preparation drills. The applicant claimed that his profile would not allow him to perform the exercises. SFC E.W. then inspected the applicant’s profile and determined that there were select exercise that could participate in (7 October 2014); disrespected SGT F.C., by saying to him “I know you are going to lose your job and your $40,000 car” during his counseling session concerning the disrespect towards SFC E.W. (7 October 2014). On 31 October 2014, the applicant acknowledge receipt of the notice from his commander that informed him of the basis for the contemplated action to vacated his suspended separation under AR 635-200, Chapter 14-12b, and of the rights available to him. Evidence of record shows the separation authority approved the request and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 January 2012 / 3 years and 19 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31E10, Internment/Resettlement Specialist / 2 years, 10 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (21 June 2013 to 13 December 2013) f. Awards and Decorations: ACM-CS, NDSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 3 June 2013, for being disrespectful in language towards SSG G (28 March 2013) and disobeying a lawful order from SSG G (28 March 2013). The punishment consisted of a reduction to E-2, forfeiture of $396 (suspended), and extra duty for 14 days. Report of Mental Status Evaluation, dated 12 November 2014, reflects that while the applicant did have a documented behavioral health history, it had not resulted in recurrent hospitalizations, duty-limiting profiles, or significant interference in military functioning and did not constitute failing medical retention standards IAW AR 40-501. The applicant met medical retention standards IAW AR 40-501, could appreciate the difference between right and wrong, and was cleared from a behavioral health perspective to proceed with administrative processes IAW AR 635-200. The applicant was SI and WWQ. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 149, with enclosures listed in block 9 of the application. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Misconduct (Drug Abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, a change to his narrative reason for separation, and a change to his reentry eligibility (RE) code. The applicant’s record of service, the documents and the issues submitted with the 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 appropriate SPD code and narrative reason 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 expressed his desire for an upgrade for the purpose of seeking employment with the federal prison system. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that he was an outstanding Soldier, with regular recognition from his superiors. 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 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 was harrased by his 1SG, his team leader, and squad leader; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. Additionally, 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly or unfairly treated by his unit. In fact, the applicant’s Article 15 and numerous negative counseling statements justify a pattern of misconduct. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The applicant states that he requested to attend behavioral health counseling; however, was told he could only go to the clinic after duty hours, but the clinic was closed by then. Evidence in the record acknowledges the applicant had a history with behavioral health; however, it had not resulted in recurrent hospitalizations, duty-limiting profiles, or significant interference in military functioning and did not constitute failing medical retention standards IAW AR 40-501. The applicant met medical retention standards IAW AR 40-501, could appreciate the difference between right and wrong, and was cleared from a behavioral health perspective to proceed with administrative processes IAW AR 635-200. 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 6 February 2017, 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: 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: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20150013189 2