1. Applicant's Name: a. Application Date: 15 January 2016 b. Date Received: 15 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason and its corresponding codes for his discharge. The applicant seeking relief is contending, in pertinent part and in effect, the requested changes will allow him to return to serving in the Army. His court documents show that all charges were dismissed or dropped. He understands what he did was wrong and unbecoming of a Soldier. He never wanted his Army career to end. He enjoyed serving in the Army and would like to reenlist. In a records review conducted at Arlington, VA on 23 August 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: 24 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 October 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On 24 June 2014, the applicant assaulted his son, by pushing him to the ground, and also assaulted his wife, by choking her with his hands. On 26 June 2014, he was arrested for aggravated domestic assault, and child abuse and neglect. On 5 July 2014, he was arrested for violating the condition of release by visiting his wife at their residence. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 16 October 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 November 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 July 2013 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 4 months, 17 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for judicial violations of domestic assault and child neglect; being recommended for an involuntary separation; continuous pattern of misconduct; having genuine lack of consideration for the Army Values; having unceasing series of judicial violations; being investigated by child protective services and civilian police department; having credible cause to issue a warrant for his arrest due to aggravated domestic assault, and child abuse and neglect; violating a court order; disobeying his NCO; having a warrant for his arrest that led to his incarceration; facing his third charge within three-week period; and having a flagged initiated. CID Report, dated 2 July 2014, indicates the applicant was the subject of an investigation for aggravated domestic assault, and child abuse and neglect. Civilian police reports and arrest warrants identify case numbers 11409408 and 11409407, for violating conditions of release (COR), and case number 11409118, for aggravated domestic assault and case number 11409119, for child abuse and neglect. Civilian court judgment documents indicate the applicant was found guilty of count 1 of case number 11409408; count 1 of case number 1109407 was dismissed; count 1 of case number 1109118, a judgment of pretrial diversion was rendered; and count 1 of case number 1109119 was dismissed, all dated 11 July 2014. Report of Mental Status Evaluation, dated 31 July 2014, indicates the applicant was psychiatrically cleared for administrative separation and any other administrative actions deemed necessary by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 March 2017; page 1 of Report of Mental Status Evaluation, dated 31 July 2014; two civilian court judgment documents, dated 11 July 2014; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the 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, paragraph 14-12c, 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 and to change the narrative reason and its corresponding codes for his discharge. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The record further 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. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. 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 changes to his discharge would allow him to reenlist. However, 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 are no basis upon which 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 applicant contends that the charges against him were either dismissed or dropped. However, this action is a procedural step which is part of a normal process, when an alternative forum is chosen. Further, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army that were the bases for his discharge. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 character of the applicant's discharge is commensurate with his overall service record 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 23 August 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160002179 1