1. Applicant's Name: a. Application Date: 9 May 2016 b. Date Received: 12 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions) and a change to his narrative reason for discharge. It should be noted that at the time of discharge the applicant's discharge was approved with a characterization of service of general (under honorable conditions). Therefore; 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 seeks relief contending, in effect, that his discharge was based on an isolated incident, which occurred only because at the time, he was young and lacked maturity. He further states that his current discharge makes getting a job, with a degree, very difficult and he wants to put his mistake behind him so he can progress in life. It has been over five years since his discharge. He has since matured, obtained three college degrees, and worked hard every day to better himself. In a records review conducted at Arlington, VA on 25 August 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24 contains an erroneous entry. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, Character of Service changed to General (Under Honorable Conditions) (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Minor Infractions) / AR 635-200, Paragraph 14-12a / JKN / RE-3 / Uncharacterized b. Date of Discharge: 18 March 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 March 2010 (2) Basis for Separation: The applicant was informed of the following reasons: disrespect to an NCO; possession of contraband; lack of motivation/respect/discipline to train; disruptive influence to unit morale; and, received an Article 15 while assigned to 1st Bn, 330th IN Regt. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 March 2010 (5) Administrative Separation Board: N/A (6) Separation Decision Date / Characterization: 12 March 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 August 2009 / 4 years, 16 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 7 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 6 October 2009, for wrongful use of reproachful words (racial slurs) (on or about 3 October 2009). The punishment consisted of forfeiture of $302 pay for one month, and 14 days extra duty and restriction. Medical Record, dated 20 January 2010, reflects the applicant was seen for mental health screening for administrative separation at the request of his unit and screened for mental/developmental disorders. The applicant was psychologically cleared for any administrative actions deemed appropriate by command. Numerous Developmental Counseling Forms for using inappropriate racial slurs (3 October 2009 and 9 January 2010); insubordinate conduct towards an NCO (7 December 2009); consumption of alcohol (7 November 2009); failure to conform to military standards and obey policy letters, and possession of contraband (7 November 2009). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Forms 293 and 149, dated 9 May 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has attained three college degrees. 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 14-12a addresses minor disciplinary infractions, defined as a pattern of misconduct, consisting solely of minor military disciplinary infractions. 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 "JKN" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (minor infractions). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKN" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions) and a change to his narrative reason for discharge. However, there is evidence in the record that shows that at the time of discharge the applicant's discharge was approved with a characterization of service of general (under honorable conditions). Therefore; 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 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. 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 his narrative reason for discharge be upgraded. However, the appropriate SPD code and reason to assign enlisted Soldiers who are discharged for misconduct (minor infractions) is "JKN" and the RE code is 3. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending the event that caused his discharge from the Army was an isolated incident. Although an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends it has been over five years since his discharge. He has since matured, obtained three college degrees, and worked hard every day to better himself. The applicant's contentions was noted; and the applicant is to be commended on his post-service accomplishments. 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 applicant expressed his desire for an upgrade of his discharge because his current discharge makes getting a job, with a degree, very difficult and he wants to put his mistake behind him so he can progress in life. The contention was also noted; however, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. It should be noted by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (minor infractions). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. Notwithstanding the propriety of the applicant's discharge, the record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as "Uncharacterized." In view of this clerical error, it appears an administrative change should be made to block 24, character of service to read "general (under honorable conditions)," as was approved by the separation authority. 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 25 August 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24 contains an erroneous entry. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, Character of Service changed to General (Under Honorable Conditions) 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20160009093 2