1. Applicant's Name: a. Application Date: 19 July 2016 b. Date Received: 25 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 change to the narrative reason for separation. The applicant seeks relief contending, in effect, his first sergeant told him that he was going to get him out one way or another. He (1SG) started having him written up on a daily basis. He would call surprise formations and not inform him so that he would be a no show. He built a counseling packet on him in about two months and got him out on misconduct. In a records review conducted at Arlington, VA on 4 October 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 / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 September 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 July 2002 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; specifically, his misconduct includes multiple failures to report, disrespecting and disobeying noncommissioned officers and dereliction of duties. As a result he was punished by one CG Article 15 and one FG Article 15. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 August 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 September 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 August 2000 / 3 years b. Age at Enlistment / Education / GT Score: 27 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistics Specialist / 2 years, 1 month, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 11 October 2001, for being derelict in the performance of his duties x2, in that he willfully failed to remain awake while on guard duty, as it was his duty to do (17 September 2001 and 18 September 2001); reduction to PV2 / E-2 (suspended); forfeiture of $272 pay for one month (suspended) and extra duty 14 days. FG Article 15, dated 20 June 2002, for without authority, fail to go at the time prescribed to his appointed place of duty x3 (3 May 2002, 6 May 2002 and 8 May 2002); being disrespectful in language and deportment toward Sergeant A.B., a noncommissioned officer, who was then in the execution of her office, by walking away and saying ''you don't have time for this," or words to that effect (9 May2002); and having received a lawful order from First Sergeant J.L., a noncommissioned officer, to clean the latrines, an order which it was his duty to obey, did willfully disobey the same (13 May 2002); forfeiture of $600 pay for two months and extra duty for 45 days. Mental Status Evaluation, undated, relates he met the retention requirements of Chapter 3, AR 40-501. There was no evidence of any psychiatric condition which would warrant disposition through medical channels. He was psychiatrically cleared for administrative action deemed appropriate by his command. He received several negative counseling statements for various acts of misconduct; and a monthly counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages); DD Form 293 (two pages); two DD Forms 214; Report of Medical Assessment; and a Report of Medical History (two pages). 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, Pattern of Misconduct. The SPD Code/RE Code Cross Reference Table shows a Soldier assigned an SPD Code of "JKA" 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 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 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 a change to the narrative reason for separation. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his first sergeant told him that he was going to get him out one way or another; he (1SG) started having him written up on a daily basis; he would call surprise formations and not inform him so that he would be a no show; and he built a counseling packet on him in about two months and got him out on misconduct. 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 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 4 October 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 a New Separation Order: No b. Change Characterization to: No Change 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 AR20160014466 1