1. Applicant's Name: a. Application Date: 7 July 2016 b. Date Received: 15 July 2016 b. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and changes to the narrative reason for separation and her separation code. The applicant seeks relief contending, in effect, her current DD Form 214 does not properly depict her actions while serving her nation, but rather appears as though she's a convicted felon who had committed an atrocious crime. The applicant states that she was given a ticket for driving under the influence of alcohol, which was later downgraded to a reckless driving offense. The applicant admits she made a horrible mistake; however, this was her first offense while in the Army and no one was hurt or killed. In a personal appearance hearing conducted at Arlington, VA on 27 February 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 3 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 January 2016 (2) Basis for Separation: The applicant was apprehended for driving under the influence on 1 May 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 January 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 February 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 July 2011 / 5 years b. Age at Enlistment / Education / GT Score: 18 / GED / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 4 years, 7 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, NCOPDR, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 2 November 2015, for driving an automobile while under the influence of alcohol on 1 May 2015 with a blood alcohol content of .15 percent. Report of Mental Status Evaluation, dated 17 August 2015, reflects the applicant was mentally responsible for her behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in administrative or judicial proceedings as deemed appropriate by her command. She was psychiatrically cleared for administrative action (CH 14-12c). Negative counseling statement for non-notification of alcohol related incident on 1 May 2015 from traffic stop with apprehension by the New York State Police for DWI resulting in suspension of driver's license by the State of New York. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; court-documents/documents associated with drinking and driving; certificates of training, achievement and awards; General Officer Memorandum of Reprimand; letters of character/support; Enlisted Record Brief; and separation packet. 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 her general (under honorable conditions) discharge to honorable and changes to the narrative reason for separation and her separation code. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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 appropriated SPD code and narrative reason to assign enlisted Soldiers who are discharged for misconduct (serious offense) is "JKQ" and the RE code is "3." The regulation further stipulates no deviation is authorized. 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 she should have been retained on Active Duty. The applicant contends that her current DD Form 214 does not properly depict her actions while serving her nation, but rather appears as though she's a convicted felon who had committed an atrocious crime. The applicant states that she was given a ticket for driving under the influence of alcohol, which was later downgraded to a reckless driving offense. The applicant admits she made a horrible mistake; however, this was her first offense while in the Army and no one was hurt or killed. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. Furthermore, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 character of the applicant's discharge is commensurate with her overall service record. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional document(s). b. The applicant presented no additional contention(s). c. Witness(es) / Observer(s): Ms. Melissa Cambell (O) spouse. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 27 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20160012844 1