1. Applicant's Name: a. Application Date: 7 July 2016 b. Date Received: 12 July 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, due to his separation, he has been charged with an out of service debt from DFAS in the amount of $37,118.25. He incurred the debt for unearned portions of a 6 year re-enlistment bonus that he received in October 2012. The debt was actually referred to the Department of the Treasury for collection, which incurred an additional $10, 000 fee because DFAS was attempting to contact the applicant at an incorrect address, which has now negatively affected his credit score. Since his separation, he has gone through an extreme financial hardship and he requested a remission of debt, but due to the characterization of service and narrative reason for separation, the request was denied. He states, unless he can upgrade his characterization of service and the narrative reason, any request for remission is denied. He is currently paying $1,319.76 a month for the out of service debt and have done so since being notified by the Treasury Department, in February. He states, he has managed to float from month to-month, but he can only sustain this for so long. He has had to resort to cutting his child support payments in half; asked his family for money; has taken out a personal loan; and, increased the usage of his credit card. Prior to his Article 15, he had been an outstanding Soldier. He had two previous enlistments in which he received honorable discharges. He fully admitted to his actions and accepted his punishment, while he was still on active duty, but he is still paying for that mistake a year and a half later. He wants nothing more than to move on to the next chapter of his life, but it is nearly impossible with a derogatory narrative reason and an unfavorable characterization of service and an extremely large federal debt. In a records review conducted at Arlington, VA on 25 September 2017, 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 August 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 October 2012 / 6 years b. Age at Enlistment / Education / GT Score: 30 / Some College / 101 c. Highest Grade Achieved / MOS / Total Service: E-6 / 89D20, EOD Specialist / 5 years, 7 months, 6 days d. Prior Service / Characterizations: RA, 11 June 2001 - 10 June 2005 / HD USAR, 11 June 2005 - 4 November 2009 / HD AD, 22 January 2009 - 15 June 2009 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Iraq (2 April 2003 - 20 March 2004, 27 July 2011 - 25 November 2011), Kuwait (1 December 2001 - 3 May 2002) f. Awards and Decorations: ARCOM-3, AAM-4, AGCM-2, NDSM, AFEM, GWOTEM, GWOTSM, ICM-CS, NCOPDR-2, ASR, OSR-2, CIB g. Performance Ratings: 21 April 2012 - 27 March 2013 / Among The Best 28 March 2013 - 27 March 2014 / Fully Capable 27 March 2014 - 11 December 2014 / Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 11 December 2014, for wrongfully engaging in a prohibited relationship with SGT S (between 1 September and 5 November 2014); and, wrongfully had sexual intercourse with a woman not his wife (between 1 September and 4 October 2014). The punishment consisted of a reduction to E-5; forfeiture of $1,547 pay per month for two months (suspended); extra duty for 45 days; and, an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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 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 requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contends that an upgrade of his discharge will allow him to request a remission of the financial hardship/debt he incurred as a result of his discharge, were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ"." 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 had good service which included three combat tours and two prior service periods. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 25 September 2017, 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160012826 1