1. Applicant's Name: a. Application Date: 15 September 2016 b. Date Received: 15 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade his under other than honorable conditions discharge to general (under honorable conditions) and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, since his discharge and while incarcerated, he has never been in trouble. He received a letter from a State Department of Public Safety offering him assistance with getting back into the workforce. He found a great job as a front office manager/staffing consultant in a number one staffing agency. He became a better person and has learned from his mistakes. He reaches out to others going down the same path as he and tries to mentor them and change their outlook on life. Although in his 15 years of enlistment, he made one mistake, he continued being the great Soldier he was known as. In a records review conducted at Arlington, VA on 15 November 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 / Under Other Than Honorable Conditions b. Date of Discharge: 11 March 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 August 2012 (2) Basis for Separation: The applicant was informed of the following reasons: On 2 September 2010, he was apprehended for driving under the influence (DUI) with a blood alcohol content (BAC) of .17 percent. On 17 March 2012, he was apprehended again for operating a motor vehicle while impaired with a .234 percent BAC, after being involved in a motor vehicle accident that resulted in the death of one of his passengers. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 30 August 2012 (The applicant requested conditional waiver, contingent upon receiving no less than a general (under honorable conditions) discharge; however, according to the brigade judge advocate's memorandum for record, the applicant's chain of command rejected his request for conditional waiver.) (5) Administrative Separation Board: 11 January 2013, Under Other Than Honorable Conditions (NIF, but according to the servicing Judge Advocate's legal review) (6) Separation Decision Date / Characterization: 1 February 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 June 2007 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-6 / 91B10, Wheeled Vehicle Mechanic / 14 years, 7 months, 19 days d. Prior Service / Characterizations: RA (23 July 1998 to 13 November 2000) / HD RA (14 November 2000 to 17 December 2003) / HD RA (18 December 2003 to 31 August 2005) / HD RA (1 September 2005 to 31 May 2007) / HD e. Overseas Service / Combat Service: SWA / Afghanistan (16 October 2001 to 16 April 2002), Iraq (8 February 2003 to 8 February 2004) f. Awards and Decorations: BSM; ARCOM-2; AAM-4; AGCM-4; NDSM; ACM-2CS; GWOTEM; GWOTSM; KDSM; NCOPDR-2; ASR; OSR-2; NATOMDL g. Performance Ratings: Nine NCOERs rendered during period of service under current review, either as "Among the Best" (AB) or "Fully Capable" (FC): 1 December 2006 thru 31 July 2007, AB 1 August 2007 thru 31 December 2007, FC 1 January 2008 thru 30 June 2008, AB 1July 2008 thru 31 March 2009, FC 1 April 2009 thru 15 September 2009, FC 15 August 2009 thru 22 March 2010, FC 23 March 2010 thru 22 March 2011, AB 23 March 2010 thru 22 March 2012, FC 23 March 2012 thru 31 January 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 19 January 2008, with its associated documents, for making a false official statement on 28 December 2007. The punishment consisted of a reduction to E-5, forfeiture of $1,270 (suspended), and 30 days of extra duty. General Officer Memorandum of Reprimand (GOMOR) with its associated documents, dated 26 September 2012, indicates the applicant was reprimanded for killing another person by operating his vehicle while intoxicated with a .234 percent BAC, and operating his vehicle on a revoked license from a previous incident of driving while intoxicated. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 15 September 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is employed as a front office manager/staffing consultant, and has not been in any trouble since his discharge and incarceration. 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 14-12c, 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 to upgrade his under other than honorable conditions discharge to general (under honorable conditions) and to change the narrative reason for his discharge. The applicant's available record of service and the issues 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. By the incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that his service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends his discharge was inequitable because he served honorably for 15 years with no other negative infractions on his career but the one mistake. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. Further, 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 incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 his 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 15 November 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 AR20160015258 1