1. Applicant's Name: a. Application Date: 21 October 2015 b. Date Received: 2 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he would like to apply for a better job to take care of his family and to rid himself of the embarrassment and shame of explaining why he does not have an honorable discharge. He is very sorry and he regrets his actions to this day. He believes that he served his punishment before he was discharged and he that enough time has passed for him to request an upgrade. In a records review conducted at Arlington, VA on 27 January 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24, contains the erroneous characterization of service of general (under honorable conditions). In view of the error, the Board directed an administrative correction to block 24, character of service to read "Under Other Than Honorable Conditions" as approved by the separation authority. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 21 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 January 2011 (2) Basis for Separation: The applicant showed a total disregard for military rules and regulations as evidenced by his violation of CASCOM and Fort Lee Regulation 600-27, by wrongfully engaging in a sexual relationship, receiving and making personal telephone calls, text messages, and sending personal pictures to Initial Entry Training Soldiers (between 1 August 2010 and 12 September 2010). The seriousness of the circumstances is such that the Soldier's retention would have an adverse impact on military discipline, good order, and morale. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 January 2011 (5) Administrative Separation Board: On 29 March 2011, the applicant was notified to appear before an Administrative Separation Board and advised of his rights. On 19 April 2011, the Administrative Separation Board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 1 June 2011, 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: 1 June 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 January 2010 / 2 years b. Age at Enlistment / Education / GT Score: 32 / HS Graduate / 93 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Operations / 7 years, 9 months, 24 days d. Prior Service / Characterizations: RA, 29 July to 22 September 1999 / UNC RA, 28 August 2003 to 19 January 2006 / HD RA, 20 January 2006 to 27 January 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq (16 November 2005 to 14 November 2006) f. Awards and Decorations: AGCM-2, NDSM, GWOTSM, NDSM, ICM-CS, NCOPDR, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum for Record, dated 13 September 2010, Subject: Alleged Inappropriate Relationship, indicates that during the course of the Commander's Inquiry sufficient evidence was found to recommend a 15-6 investigation into allegations of an inappropriate relationship between the applicant (cadre member) and an initial entry trainee. FG Article 15, dated 28 October 2010, for violating a lawful general regulation, by wrongfully engaging in a sexual relationship, receiving and making personal telephone calls, text messages, and sending pictures of a personal nature with PFC R, an initial entry training Soldier, and by wrongfully engaging in a personal relationship and sending pictures to SPC S, an initial entry training Soldier (between 1 August and 12 September 2010). The punishment consisted of a reduction to E-1 and extra duty for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 14-12c 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 14-12c, Misconduct (Serious Offense). 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and documents 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 that the applicant's service mitigated the misconduct or poor duty performance, such that he should be retained on active duty. The applicant contends the narrative reason for separation should be changed. However, the applicant was separated under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, with an under other than honorable conditions. The narrative reason specified by Army Regulations for a discharge under this paragraph is "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. The applicant contends four years have elapsed since his discharge and that he believes he has served his punishment. However, the US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends his discharge should be upgraded because he has apologized and regrets his actions and he desires to rid himself of his embarrassment and shame. However, the issues the applicant submitted are not matters 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. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as general (under honorable conditions). The discharge packet confirms the separation authority directed the applicant be separated from the service under the provisions of AR 635-200, Chapter 14, Section III, Paragraph 14-12c, Commission of a Serious Offense, with a characterization of under Other than Honorable. 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 27 January 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24, contains the erroneous characterization of service of general (under honorable conditions). In view of the error, the Board directed an administrative correction to block 24, character of service to read "Under Other Than Honorable Conditions" as approved by the separation authority. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Under Other Than Honorable Conditions 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 AR20150018257 1