1. Applicant's Name: a. Application Date: 10 June 2016 b. Date Received: 13 June 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions) and a narrative reason change. The applicant seeks relief contending, in effect, he has been punished enough for his past misgivings and a few poor choices. There are many reasons to substantiate the applicant's request for an upgrade, he was barely out of his teen years at an age where people commonly make poor decisions; he was young and immature and not in a position to understand the collateral consequences of cooperating with this discharge; and, the legitimate and appropriate charge, namely the charge of using illegal drugs, has routinely resulted in non-judicial punishment followed by a General discharge. Finally, the applicant and his family have suffered enough. This discharge classification is destroying any chance that the applicant's newly formed family will have of ever reaching their full income-earning potential. Without a discharge upgrade, his family may continue to face hardship. He states he has been a mature and productive member of society for more than a decade. In a records review conducted at Arlington, VA on 06 September 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 27 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 27, reentry code changed to 4 (Board member names available upon request) a. Reason/Authority/Codes/Characterization: In Lieu of Trial by Court-Martial / AR 635- 200, Chapter 10 / KFS / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 21 October 2002 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 16 September 2002, the applicant was charged with: Violating Article 86, UCMJ, two specifications, for failing to go at the time prescribed to his appointed place of duty 12 and 16 July 2002; Violating Article 92, UCMJ, for wrongfully having unauthorized overnight visitors in his barracks room and wrongfully having sexual intercourse in the barracks on diverse occasions (between 27 and 28 July 2002); Violating Article 112a, UCMJ, for wrongfully using crack cocaine on diverse occasions (between 28 and 29 July 2002); and, Violating Article 120 UCMJ, for committing the offense of carnal knowledge with S M (28 July 2002). (2) Legal Consultation Date: 27 September 2002 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 10 October 2002 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 June 2000 / 5 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-2 / 51T10, Technical Engineering Specialist / 2 years, 3 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with legal brief in support of his application. 6. POST SERVICE ACCOMPLISHMENTS: Earned a certification in Computer Aided Drafting; was recently married; and, has gained employment. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general (under honorable conditions) discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, In Lieu of Trial by Court-Martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions) and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. The discharge packet confirms the separation authority approved the discharge by reason of in lieu of trial by court-martial. Soldiers processed for in lieu of trial by court-martial will be assigned an SPD Code of KFS and an RE Code of 4. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 10, AR 635-200, with a under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," and the separation code is "KFS." 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 claims the offenses that caused his discharge were minor in nature and that he has been punished enough. However, 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. 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 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 that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Notwithstanding the administrative error, 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 06 September 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 27 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 27, reentry code changed to 4. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change to SPD / Change RE code to 4. 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 AR20160011604 1