1. Applicant’s Name: a. Application Date: 25 March 2015 b. Date Received: 1 April 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was not granted proper rehabilitation for his infractions while in service. There was little or no attempt to provide him with fair and proper rehabilitation to help correct his actions. If he had received proper rehabilitation, he feels he would still be in the uniformed service. In a records review conducted at Arlington, VA on 17 October 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: 10 December 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 November 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; wrongfully, and without authority, wore upon his uniform the Air Assault Badge (19 June 2014); without authority, failed to go to 0900 extra duty, his appointed place of duty (15 August 2014); and having been restricted to the limits of Fort Campbell, Kentucky, by a person authorized to do so, broke his restriction by going to The Pea Patch in Clarksville, Tennessee (15 August 2014). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 20 November 2014, the applicant was afforded the opportunity to consult with legal counsel waived his right to do so. (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 2 December 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 29 August 2011 / 3 years, 16 weeks b. Age at Enlistment/Education/GT Score: 18 years / HS Graduate / 92 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 3 years, 3 months, 12 days d. Prior Service/Characterizations: NA e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, GWTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 31 July 2014, for wrongfully and without authority wear upon his uniform the Air Assault Badge, and that said conduct was to the prejudice of good order and discipline in the armed forces (19 June 2014); reduction to PVT / E-I; forfeiture of $400 pay, extra duty for 45 days, and restriction for 30 days. Report of Mental Status Evaluation, dated 9 October 2014, relates the applicant was screened for PTSD and mTBI and both screens were negative. He was psychologically cleared for any administrative actions deemed appropriate by his chain of command. He reports he is under consideration for administrative separation in accordance with AR 635-200, Chapter 14 (misconduct). The exam today included clinical interview, review of BHDP, and review of medical records. The exam finds there is no indication of psychiatric disorder that would warrant consideration of a medical separation. FG Article 15, dated 22 October 2014, for, without authority, fail to go at the time prescribed to his appointed place of duty, to wit: 0900 extra duty, located at staff duty (15 August 2014); and having been restricted by a person authorized to do so, broke his restriction by going to The Pea Patch in Clarksville, Tennessee (15 August 2014); forfeiture of $230 pay for two months, (suspended,) extra duty and restriction for 44 days. The applicant received several negative counseling statements for various acts of misconduct and initiation of separation action. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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, 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. 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 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 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. AR 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 applicant seeks relief contending, he was not granted proper rehabilitation for his infractions while in service; and there was little or no attempt to provide him with fair and proper rehabilitation to help correct his actions. The evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. The applicant also contends, if he had received proper rehabilitation, he feels he would still be in the uniformed service. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 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 17 October 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: 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160007233 5