1. Applicant's Name: a. Application Date: 3 March 2016 b. Date Received: 4 March 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 a narrative reason change. The applicant seeks relief contending, in effect, he returned from deployment and was faced with a harsh transition that resulted in him making negative decisions within his immediate family. Additionally, he returned early from his deployment due to an injury. The paperwork he was provided as supporting evidence for his general discharge for unsatisfactory performance contained only one negative counseling statement. He does not believe that one negative document should result in the harsh punishment in the form of the discharge that he received. He states he was never provided with a positive mentor that could have helped him in the difficult situations that he encountered after his deployment, which would have enabled him to understand the positive or negative effects of deployment on his decision making. He continues to serve the country in many aspects such as serving continuously in the Army Reserve and Active Army component, wherein he received positive and high ranking evaluations. In a records review conducted at Arlington, VA on 19 July 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, prior period of honorable service, and circumstances surrounding his discharge (i.e. no misconduct committed, separated in 2004, CO and BN CDRs recommended HD; the applicant is still serving in Reserve), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Performance / AR 635- 200 / Chapter 13 / JHJ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 August 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 July 2004 (2) Basis for Separation: The applicant was informed of the following reasons: Unsatisfactory performance. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 2 August 2004 (5) Administrative Separation Board: On 2 August 2004, the applicant waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 12 August 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 September 2003 / 2 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15B20, Aircraft Power plant Repairer / 7 years, 14 days d. Prior Service / Characterizations: RA, 13 August 1997 - 4 September 2003 / HD e. Overseas Service / Combat Service: Korea, SWA / Kuwait, Iraq (26 January 2003 - 16 April 2003) f. Awards and Decorations: AGCM, NDSM, GWOTEM, GWOTSM, NCOPDR, ASR, ALB g. Performance Ratings: April 2001 - October 2001 / Among The Best November 2001 - October 2002 / Fully Capable November 2002 - October 2003 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Form, dated 6 April 2004, for failing to properly manage his personal and family affairs in accordance with Army Regulation 600-20. The applicant was unable to report to work due to circumstances with his spouse and children on several occasions. The applicant was informed he was being considered for separation under chapter 13. Report of Mental Status Evaluation, dated 3 June 2004, 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. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, with all allied documents listed in block 9 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states that he continues to serve in the Army Reserve and the Active Army components. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 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 "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, unsatisfactory performance. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. 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 the narrative reason for the discharge should be changed to parenthood. However, the applicant was separated under the provisions of Chapter 13, AR 635-200 with a general (under honorable conditions). The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unsatisfactory Performance," and the separation code is "JHJ." 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 that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that the offenses that caused his discharge were minor in nature and only received one negative counseling statement. However, the negative counseling statement indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The discrediting offenses adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant further contends he was never provided with a positive mentor that could have helped him in the difficult situations that he encountered after his deployment. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling. The applicant failed to respond appropriately to these efforts. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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 19 July 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, prior period of honorable service, and circumstances surrounding his discharge (i.e. no misconduct committed, separated in 2004, CO and BN CDRs recommended HD; the applicant is still serving in Reserve), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160005709 1