1. Applicant's Name: a. Application Date: 4 December 2015 b. Date Received: 16 March 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant annotated in his application a supplemental statement was attached that contained his issues. However, this statements was not attached. The applicant did not submit any issues of equity or propriety to be considered by the Board. In a records review conducted at Arlington, VA on 25 September 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 8 June 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 27 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he failed to complete a lawful requested test to measure the alcohol content of his breath, when there was a reasonable belief that you were driving under the in alcohol. (30 December 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 April 2012 (5) Administrative Separation Board: The applicant requested consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 4 May 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 March 2011 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 26 years / Two years of college / 106 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25Q20, Multichannel Transmission System Operator / Maintainer / 92Y10, Unit Supply Specialist / 6 years, 8 months, 12 days d. Prior Service / Characterizations: RA, 5 October 2005 to 26 October 2005 / NA RA, 27 October 2005 to 22 April 2009 / HD USARCG, 23 April 2009 to 30 July 2009 / NA USAR, 31 July 2009 to 16 March 2011 / NA e. Overseas Service / Combat Service: SWA / Iraq, 11 October 2007 to 6 December 2008 (Prior Service) f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM-2, ICM-CS, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: A negative counseling statement, dated 3 January 2012, for driving under the influence of alcohol. Military Police Report, dated 19 January 2012, revealed the applicant was under investigation for drunken driving-driving under the influence of alcohol / refusal, off post. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 3 February 2012, for failure to complete a lawfully requested test to measure the alcohol content of his breath on 30 December 2011, when there was a reasonable belief that he was driving under the influence of alcohol. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and two DD Forms 214; supplemental materials (four pages); Attachment 1, DD Form 214, military service (17 pages); attachment 2, (20 pages); Attachment 3, certificates of training (three), Warrior Leader Course diploma, AGCM certificate, AAM Citation, certificate of promotion, ARCOM Citation, certificates of achievement (two); and Attachment 4, Barstow Community College Diploma, California University of Pennsylvania Diploma, rated disabilities. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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, 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 the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's record of service and 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 misconduct (serious offense), 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 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 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 "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 regulation further stipulates that no deviation is authorized. 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 discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 25 September 2016, 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 AR20160005953 2