1. Applicant’s Name: a. Application Date: 13 October 2015 b. Date Received: 7 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he served proudly and with great honor and he never got in trouble. While serving in South Korea, he experienced some marital issues regarding his wife dating other men, because of the distance they were separated. An upgrade of the discharge would mean a better future for him and his family. He has matured into a smarter young man in the past two years. He desires a second chance to redeem himself and to serve his country again. In a personal appearance hearing conducted at Arlington, VA on 11 July 2016, 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: 25 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 April 2013 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; Making false statement to a commissioned officer when asked if he had left off post during curfew hours and he answered "No I stayed at the Casey Lodge for a going away party” (16 March 2013); He was were picked up by a taxi driver at or about 0059 along with three other personnel to go off post to the Hyundai Club in Seoul; upon arriving to the club he got out of the taxi and failed to pay the fare of 74,920 won. (3) Recommended Characterization: General (Under Honorable Conditions) Discharge (4) Legal Consultation Date: 30 April 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 25 May 2013 / General (Under Honorable Conditions) Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 January 2009 / 6 years b. Age at Enlistment/Education/GT Score: 17 years / GED Certificate / 104 c. Highest Grade Achieved/MOS/Total Service: SPC / E-4 / 94P10, Multiple Launch Rocket System Repairer/4 years, 4 months and 6 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / SWA / Afghanistan (16 March 2011-31 October 2011) f. Awards and Decorations: AGCM, NDSM, ACM-W/2CS, GWOTSM, NOPDR, ASR, MUC g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 12 February 2013, for without authority, failing to go at the time prescribed to his appointed place of duty (7 January 2013); without authority, left his duty section with intent to abandon the same (30 November 2012); having knowledge of a lawful order issued by SGT J.W., to follow the plan of action on the DA Form 4856 dated, 3 December 2012, an order which it was his duty to obey, fail to obey the same (8 December 2012); and violating a lawful general regulation, to wit: paragraph 3-2, USFK Regulation 60-1, dated 23 May 2011, by wrongfully exceeding the monthly ration limit of liquor; reduction to PFC / E-3 (suspended), forfeiture of $470 pay (suspended), extra duty and restriction for 14 days The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822-R (Report of Mental Status Evaluation), dated 27 March 2013, indicates the applicant did not meet criteria for TBI or PTSD after screening. No contra-indication to administrative action as deemed appropriate by command. The applicant was responsible for his behavior, had the ability to distinguish right from wrong, and possessed sufficient mental capacity to participate in administrative proceedings. There was no psychiatric reason to preclude a Chapter 14-12b separation. There was no requirement for OTSG clearance. 5. APPLICANT-PROVIDED EVIDENCE: Online application (seven pages); and a Chapter 14-12b separation packet (54) pages. 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 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 14-12b 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests 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 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 documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance. The applicant requested a change to the narrative reason for separation. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The applicant seeking relief contends, he served proudly and with great honor and he never got in trouble. 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 applicant further contends, while serving in South Korea, he experienced some marital issues regarding his wife dating other men, because of the distance they were separated. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. The applicant also contends, an upgrade of the discharge would mean a better future for him and his family. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant additionally contends, he has matured into a smarter young man in the past two years. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant desires a second chance to redeem himself and to serve his country again. 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 was basis 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 documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented the following additional contentions: Change characterization and RE-Code c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 11 July 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 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 AR20150018582 5