1. Applicant's Name: a. Application Date: 4 August 2016 b. Date Received: 22 August 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 change to the narrative reason for separation. The applicant seeks relief contending, in effect, the basis for his separation was Illegal. The Article 15 and supporting counseling statements were from a prior term of enlistment. The applicant states that he did not receive an election of rights memorandum. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 15 problems (no VA entered problems). The Veteran's Administration has not service-connected the applicant. In a personal appearance hearing conducted at Arlington, VA on 10 July 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 14-12b, the narrative reason for separation to Pattern of Misconduct, and the separation code to JKA. (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: 13 July 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: failed to have his shaving profile on his person, as ordered to do so by SFC K (17 February 2016); failed to be in the correct uniform, as ordered to do so by SGT S (17 February 2016); lied to SGT A (between on or about 14 February 2016 and on or about 17 February 2016); violated CSM-01, by having a visitor in his barracks room outside the prescribed visitation hours (19 August 2015); and, threw rocks at and attempted to catch wild turkeys and was smoking while on detail at the Ammunition Holding Area (18 August 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 April 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 June 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 January 2015 / 5 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D1P Calvary Scout / 4 years, 6 months, 4 days d. Prior Service / Characterizations: USAR, 10 December 2011 to 23 July 2012 / NA RA, 24 July 2012 to 11 January 2015 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 30 June 2015, for failing to go to his appointed place of duty at the time prescribed (12 December and 19 December 2014, 6 January and 9 January 2015). The punishment consisted of a reduction to E-3 (suspended) and extra duty for 7 days. Numerous Developmental Counseling Forms for failing to follow instructions; failure to meet timeline; reporting late; failure to report; disobeying an order; violating regulations; disturbing wildlife; violation of visitor policy; late to appointment; missed appointment; missed movement; lying to an NCO; recommendation for punishment under the UCMJ; not having profile on his person; and out of uniform. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 5 November 2015, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant had AXIS I, II and III medical diagnoses as documented in AHLTA, in accordance with AR 40-66. The applicant manifested symptoms of Insomnia and Major Depressive Disorder. Report of Medical History, dated 20 November 2015, the examining medical physician noted in the comments section: Anxiety, depression and insomnia. 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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). Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and 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 that 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 be retained on active duty. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of AR 635-200, Chapter 14, paragraph 14- 12c, 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 his discharge is improper because the incidents of misconduct for which the Army discharged the applicant included some that occurred in a prior term of enlistment and he was not given an election of rights memorandum. However, AR 635-200 provides that commanders may consider incidents from a prior period of enlistment on the issue of retention or separation. Barring evidence to the contrary, the separation authority's decision was based on the separation packet as written. The commander's report specifically detailed which misconduct could be considered for separation and which could be considered for characterization of service. The applicant's period of service under consideration was marred by various acts as reflected in records of nonjudicial punishment under Article 15, UCMJ, negative counseling statements that justified the characterization of service awarded. Further, the applicant's separation packet contains an election of rights memorandum, dated 6 April 2016, which was signed by the applicant. The record does not contain any evidence of arbitrary or capricious actions by the command and it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 10 July 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 14-12b, the narrative reason for separation to Pattern of Misconduct, and the separation code to JKA. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Pattern of Misconduct d. Change Authority to: AR 635-200, Chapter 14-12b e. Change SPD/RE Code to: Change SPD to JKA / No Change to RE code f. Restore 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 AR20160013985 4