1. Applicant's Name: a. Application Date: 21 August 2016 b. Date Received: 25 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, his DD Form 214 states he was discharged as an E-8 but his locally generated orders stated E-1. Since his release from confinement he had issues with getting a respectable job due to his conviction and other than honorable discharge. He feels that he served his country honorably for 20 years prior to his conviction and should have been able to retire on 31 Jan 2013. He is asking that his retirement be permitted from the original approved date of 31 Jan 2013 or as of his discharge date of 27 Mar 2015. His military record was flawless for 20 years with not so much as a negative counseling statement. He continued to support our armed forces and have spoken to numerous qualified civilians about joining the military for a better life than what they currently lead. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, there is insufficient evidence to determine if the applicant had a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. In a records review conducted at Arlington, VA on 18 April 2018, 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 (Civil Conviction) / AR 635-200, paragraph 5-3 / JFF / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 26 March 2015 c. Separation Facts: No (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: NA (6) Separation Decision Date / Characterization: 23 March 2015 / the Assistant Secretary of the Army (Manpower and Reserve Affairs), directed the applicant be separated under provisions of AR 635-200, paragraph 14-5 (Conviction by Civil Court), with an under other than honorable conditions characterization of service. The applicant was reduced to the lowest enlisted grade. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 July 2005 / Indefinite b. Age at Enlistment / Education / GT Score: 34 years / Three years of college / 101 c. Highest Grade Achieved / MOS / Total Service: E-8 / 12Z5M, Combat Engineering SE / 12B5M, Combat Engineer / 22 years, 2 months, 22 days d. Prior Service / Characterizations: RA, 5 January 1993 to 30 October 1995 / HD RA, 31 October 1995 to 13 July 1997 / HD RA, 14 July 1997 to 24 July 2002 / HD RA, 25 July 2002 to 13 July 2005 / HD e. Overseas Service / Combat Service: Haiti / Korea x2 / Somalia, 12 October 1993 to 24 January 1994 / SWA / Iraq x2, 8 August 2004 to 1 August 2005 and 9 October 2006 to 1 January 2008 f. Awards and Decorations: BSM-2, MSM-2, ARCOM-4, AAM-6, AGCM-6, NDSM-3, AFEM-2, ICM-CS, GWOTEM, GWOTSM-2, KDSM, HSM, NOPDR-3, ASR, OSR-4, UNM, JMUA, MUC, NUC, ASUA, RNGR TAB, CAB g. Performance Ratings: November 2005 to 31 August 2011, Among The Best h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (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 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant's available record of service and the issues 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. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, paragraph 5-3, by reason of Secretarial Authority, with the corresponding separation code of "JFF" and a characterization of service of under other than honorable conditions, with a reentry eligibility (RE) code of "4." 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 seeks relief contending, his DD Form 214 states he was discharged as an E-8 but his locally generated orders stated E-1. AR 635-200, paragraph 14-4b provides that upon determination that a Soldier is to be separated with a discharge under other than honorable conditions, the separation authority will direct reduction to the lowest enlisted grade by the reduction authority per AR 600-8-19. The applicant further contends, since his release from confinement he had issues with getting a respectable job due to his conviction and other than honorable discharge. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant also contends, he feels that he served his country honorably for 20 years prior to his conviction and should have been able to retire on 31 Jan 2013; and his military record was flawless for 20 years with not so much as a negative counseling statement. The applicant's service accomplishments and the quality of his service prior to the incident (s) that caused the initiation of discharge proceeding were carefully considered. The applicant additionally contends, he is asking that his retirement be permitted from the original approved date of 31 Jan 2013 or as of his discharge date of 27 Mar 2015. This matter does not fall within the purview of the Army Discharge Review Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Lastly, the applicant contends, he continued to support our armed forces and have spoken to numerous qualified civilians about joining the military for a better life than what they currently lead. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The record of evidence shows that on 31 January 2013, the applicant was retired under provisions of AR 635-200, Chapter 12, by reason of sufficient service for retirement, with an honorable characterization of service. In block 18, Remarks on his original DD Form 214, it was annotated that the applicant was subject to recall by the Secretary of the Army. A memorandum, subject, voiding of DD Form 214, dated 24 May 2013, related that the original DD Form 214 issued to the applicant be voided. He was called back to active duty and it was requested that the original DD Form 214 be destroyed by burning or shredding. The record of evidence further shows on 23 March 2015, the Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA (M&RA)), directed the applicant be separated under provisions of AR 635-200, paragraph 14-5 (Conviction by Civil Court), with a characterization of service of under other than honorable conditions. The ASA (M&RA) further directed a Separation Program Designator (SPD) Code of "JFF" with a reentry eligibility (RE) code of "4." AR 635-200, paragraph 5-3a, provides separation under this paragraph is the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies. The ASA (M&RA) directed the applicant's separation under the provisions of AR 635-200, paragraph 14-5 (Conviction by Civil Court). 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 "JKB" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, SEC II, misconduct (civil conviction). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKB" will be assigned an RE Code of "3." If the applicant desires a personal appearance hearing, it is 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 18 April 2018, 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 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 AR20160015012 5