1. Applicant's Name: a. Application Date: 3 December 2015 b. Date Received: 3 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, that he was present during the discharge process and was not AWOL. In a records review conducted at Arlington, VA on 1 February 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, blocks 25, 26 and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b b. block 26, separation code changed to JKA c. block 28, narrative reason for separation changed to Pattern of Misconduct (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (AWOL) / AR 635-200 / Chapter 14-12c (1) / JKD / RE-3 / Uncharacterized b. Date of Discharge: 29 November 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 November 2007 (2) Basis for Separation: The applicant had several incidents of inappropriate behavior including disrespect, leaving his appointed place of duty, and possessing contraband items. (Note: The applicant was informed he was being recommended for separation under chapter 14-12b, pattern of misconduct.) (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 28 November 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 November 2007 / Uncharacterized / (Note: The Separation Authority approved the applicant's separation under Chapter 14-12b, Pattern of Misconduct) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 September 2007 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 4 months, 1 day d. Prior Service / Characterizations: USN, 20 June to 21 August 2006 / NIF e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Numerous Developmental Counseling Forms for failure to obey an order or regulation, conduct unbecoming of a Soldier, failure to adhere to the 7 Army Core Values "Respect," disrespect towards a senior noncommissioned officer, disobeying a lawful order or regulation, contraband, not grasping the solidarization process, and recommendation to separate under Chapter 11. Commander's Report, undated, reflects the applicant received two summarized Article 15s and was reduced in rank from E-2 to E-1. It also reflects the applicant was AWOL. The report did not reflect any specific details of the derogatory information. i. Lost Time / Mode of Return: 4 days (NIF, 8 to 11 November 2007) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 26 November 2007, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Occupational Problem - Difficulty with in the unit. 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 14-12b 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized 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 have been retained on Active Duty. The applicant contends his discharge should be upgraded to honorable. However, the uncharacterized description of service accurately reflects the applicant's overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority: "AR 635-200, Paragraph 14-12c (1)." However, the discharge packet confirms the separation authority approved the discharge by reason of Pattern of Misconduct. Soldiers processed for pattern of misconduct will be assigned an SPD Code of JKA and an RE Code of 3. In view of the foregoing and notwithstanding the administrative error, 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 1 February 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, blocks 25, 26 and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b b. block 26, separation code changed to JKA c. block 28, narrative reason for separation changed to Pattern of Misconduct 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Pattern of Misconduct d. Change Authority to: AR 635-200, Chapter 14-12b e. Change SPD/RE Code to: Change SPD to JKA / No Change to RE code f. Restore 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 AR20150018521 1