1. Applicant's Name: a. Application Date: 9 September 2015 b. Date Received: 27 November 2015 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for his separation and its corresponding code. The counsel on behalf of the applicant seeks relief contending, in effect, as a matter of equity, the information on his DD Form 214 is not indicative of his true performance during his time as a Soldier. He received "glowing" OERs, numerous awards and commendations, and served two combat tours, which demonstrate that the overwhelming majority of his service was honorable and without incident. He has continued to be a productive member of his community since his discharge. In a records review conducted at Arlington, VA on 8 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: Unacceptable Conduct / AR 600-8-24, Paragraphs 4-2b and 4-24a(1) / BNC / NA / Honorable b. Date of Discharge: 12 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 May 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On 31 December 2012, he wrongfully consumed alcohol in violation of paragraph 2(c), CENTCOM General Order Number 1, dated 13 March 2006. He permitted several Soldiers to consume alcohol in his presence. During an investigation into the matters, he provided false official statements to the investigating officer. His conduct was unbecoming of an officer. (3) Legal Consultation: On 20 June 2013, the applicant submitted a conditional request for resignation in lieu of elimination. On 13 August 2013, the applicant's request for resignation in lieu of elimination case was denied, and the case was referred to the Board of Inquiry. (4) Appearance before BOI Date: 9 October 2013 (5) BOI Recommended Characterization: Under Other Than Honorable Conditions (6) GCMCA Recommendation Date / Characterization: 6 January 2014 / Honorable (7) DA Ad Hoc Review Board Recommendation: Honorable (8) Separation Decision Date / Characterization: 20 February 2014, accepted request for resignation / Honorable 4. SERVICE DETAILS: a. Date / Period of Appointment: 20 September 2007 / Indefinite appointment by OCS (although the date on the ORB is 19 September 2007, the end date on DD Form 214 discharging him for accepting appointment is 19 September 2007) b. Age at Appointment / Education / GT Score: 25 / BA Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-3 / 11A 5S, Infantry / 6 years, 10 months, 23 days d. Prior Service / Characterizations: RA, 5 April 2007 to 19 September 2007 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (3 January 2010 to 19 December 2010 and 9 August 2012 to 3 March 2013) f. Awards and Decorations: JSCOM, ARCOM, AAM, NDSM, ACM-2CS, GWOTSM, ASR, OSR-2, NATOMDL, CIB, JMUA, MUC g. Performance Ratings: Seven OERs rendered during period of service under review: 9 June 2008 thru 8 June 2009, Satisfactory Performance, Promote 9 June 2009 thru 14 October 2009, Satisfactory Performance, Promote 15 October 2009 thru 15 April 2010, Outstanding Performance, Must Promote 16 April 2010 thru 15 December 2010, Outstanding Performance, Must Promote 16 December 2010 thru 17 May 2011, Outstanding Performance, Must Promote 18 May 2011 thru 28 February 2013, Unsatisfactory Performance, Do Not Promote 29 March 2013 thru 31 January 2014, Satisfactory Performance, Promote h. Disciplinary Action(s) / Evidentiary Record: Report of Proceedings by Investigating Officer and its associated documents, dated 3 January 2013, report the findings and recommendations of the investigating officer. GO Article 15, dated 6 February 2013, for wrongfully consuming alcohol (between 31 December 2012 and 1 January 2013), making a false official statement (3 January 2013(, assaulting an NCO (between 31 December 2012 and 1 January 2013), wrongfully allowing Soldiers to consume alcohol (between 31 December 2012 and 1 January 2013), and impeding an investigation (between 1 January 2013 and 2 January 2013) The punishment consisted of forfeiture of $2,558 for one month. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 9 September 2015; attorney- authored brief; DD Form 214 ending 19 September 2007; two promotion orders, dated 19 February 2009 and 26 September 2010; GO Article 15, dated 6 February 2013; referred OER; separation authority decision memorandum; DD Form 214; three OERs; ORB; three letters of support and character references; and applicant-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The counsel-authored brief states the applicant volunteers as a high school hockey coach, mentor, statistician, and motivator; that his business addresses the needs compassionate pet cremation and he is proactive with animal rescue charities to help provide medical care and homes to animals; and in his current employment, he is heavily involved with charities, including raising money for the Wounded Warrior Project. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "BNC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b and 4-24a(1), unacceptable conduct. 8. DISCUSSION OF FACT(S): The applicant requests a change to the narrative reason for his separation and its corresponding code. The applicant's record of service, and 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant diminished the quality of his service which led to the reason for his discharge. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained on Active Duty. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant's contentions about his discharge being inequitable because insufficient consideration was given to mitigating facts and his total record of service without any incident until late 2012, were carefully considered. However, there is also 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request to change the narrative reason for his discharge. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of AR 600-8-24, Chapter 4, paragraphs 4-2b and 4-24a(1), with an honorable discharge as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "BNC." 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant the relief he is requesting. 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 8 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 / 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 AR20150018910 1