1. Applicant's Name: a. Application Date: 18 August 2015 b. Date Received: 24 August 2015 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, change to the separation code to reflect "JBK," and a change to the reentry eligibility code from RE-3 to RE-1. The applicant through counsel seeks relief contending, in effect, he was acquitted of all charges two months after he was administratively discharged. His debt to the government was due solely to him being administratively discharged prior to his acquittal on all charges. His unit commander abused his discretion, unjustly and erroneously administratively discharged him with an unjust under other than honorable conditions discharge. The applicant contends that his conduct and performance of duty clearly falls within the guidelines of an honorable discharge. Since his discharge and subsequent acquittal, the applicant has had no further encounters with law enforcement. The applicant desires to attend school; however, the discharge he received prevents him from doing so. In a records review conducted at Arlington, VA on 15 March 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: Misconduct (Serious Offense) / AR 635-200, paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 April 2013 (2) Basis for Separation: The applicant attempted to murder his ex-wife. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 11 May 2013 (5) Administrative Separation Board: The applicant elected to appear before an administrative separation board. On 9 July 2013, the applicant was notified to appear before an administrative separation board and advised of his rights. On 16 July 2013, the administrative separation board convened and the applicant appeared with counsel. The board recommended that the applicant be separated from the Army with characterization of service of under other than honorable conditions. The separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 16 August 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 November 2009, 5 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91D20, Power Generation Equipment Repairer / 9 years, 3 months, 1 day / (Note: DD Form 214, block 12C, is incorrect and should read as annotated in the Case Report and Directive.) d. Prior Service / Characterizations: RA, 21 June 2002 to 23 June 2004 / HD RA, 24 June 2004 to 22 June 2007 / HD RA, 23 June 2007 to 27 November 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (25 January 2003 to 28 August 2003, 4 January 2005 to 3 January 2006, 14 January 2007 to 31 March 2008, and 21 May 2009 to 1 May 2010) f. Awards and Decorations: ARCOM-5, AAM-3, AGCM-2, NDSM, GWOTEM, GWOTSM-2, ICM-4CS, NCOPDR, ASR, OSR-4 g. Performance Ratings: 1 January 2010 thru 20 July 2010, Fully Capable 20 July 2010 thru 20 July 2011, Marginal h. Disciplinary Action(s) / Evidentiary Record: Request for Personnel Action, dated 28 July 2011, reflects the applicant's duty status changed from "Present for Duty" to "Confined by Civil Authority," effective 26 June 2011. State of North Carolina Cumberland County Criminal Record Search, dated 5 May 2014, indicates that there was no record indexed by the applicant's name found in the criminal record database. i. Lost Time / Mode of Return: 835 days (Civilian confinement, 26 June 2011 to 11 October 2013) / released upon completion of sentence. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; legal brief, with enclosures listed on pages 2-3 of brief; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is employed as a Defense Contractor and volunteers at the Real Touch Ministries, the church he attends. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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, 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, change to the separation code to reflect "JBK," and a change to the reentry eligibility code from RE-3 to RE-1. The applicant's 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 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting a general (under honorable conditions) or 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 she should have been retained on Active Duty. The applicant requested a change to the separation code. 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, Misconduct (Serious Offense). The regulation further stipulates that no deviation is authorized. The applicant contends that he was acquitted of all charges against him two months after he was administratively discharged for. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when action is taken that is tantamount to a finding of guilty, if a punitive discharge is authorized for the same or a closely related offense under the Manual for Courts Martial. The applicant further contends that his debt to the government was due solely to him being administratively discharged. It appears the applicant did not receive debt avoidance counseling due to him being incarcerated. The applicant also contends that his unit commander abused his discretion, and unjustly and erroneously administratively discharged him with an unjust under other than honorable conditions discharge. 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 applicant additionally contends, his conduct and performance of duty clearly falls within the guidelines of an honorable discharge. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. Moreover, the applicant contends since his discharge from the Army and subsequent acquittal, he has had no further encounters with law enforcement. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant desires to attend school; however, the discharge he received prevents him from doing so. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 15 March 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 / 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: 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 AR20150014411 1