1. Applicant's Name: a. Application Date: 6 November 2016 b. Date Received: 13 December 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 change his narrative reason for discharge. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to rejoining the military and receive his GI Bill benefits. The applicant contends he was a good Soldier who never received any negative counseling's, never failed any PT tests, never received an Article 15, never received an disciplinary action from the military. He contends he enjoyed his deployment and the great unit he was assigned too, to include his leaders and fellow battle buddies. He enjoyed providing for his family and his country in such an honorable way as being in the United States Army and he would do anything to be serving again. He contends his discharge was the result of one bad decision to go to a bar with some battle buddies off post and decided to drink more than he should and decided to try to drive home. He believes this was the worst decision of his life and it destroyed his career. He contends he has learned a lot of valuable lessons from this huge mistake, he understands that he cannot take it back, but he can grow from it which he has done. In a records review conducted at Arlington, VA on 14 February 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 25 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 February 2015 (2) Basis for Separation: The applicant was informed of the following reasons: being cited by the Richmond County Sheriff's Office for driving under the influence (DUI) and failure to maintain lane after he was found to be driving with a BAC level of .228. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 29 January 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 March 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 April 2012 / 3 years, 30 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25Q10, Multi-Channel Transmission Systems Operator/Maintainer / 2 years, 10 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait (3 January 2013 to 28 September 2013) f. Awards and Decorations: ARCOM, NDSM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 30 September 2014, shows the applicant was the subject of investigation for drunken driving, driving under the influence of alcohol. General Officer Memorandum of Reprimand, dated 27 October 2014, which reprimanded the applicate for his alcohol-related misconduct which shows he exceeded the legal limit of .08 grams per 210 liters. Report of Mental Status Evaluation, dated 20 November 2014, shows that the applicant was in ongoing tx with ASAP, and was being randomly tested for alcohol use randomly by ASAP and his company. There was no indication of behavioral health concerns that would preclude the applicant' participation in administrative proceedings at the time. No indication of imminent risk of harm to himself or others. The applicant was psychiatrically cleared for administrative separation. The applicant received several negative counseling statements for acts that centered on his DUI misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and change his narrative reason for discharge. 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. 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 appropriate 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 that no deviation is authorized. The applicant seeks relief contending he was a good Soldier who never received any negative counseling's, never failed any PT tests, never received an Article 15, never received an disciplinary action from the military. He contends he enjoyed his deployment and the great unit he was assigned too, to include his leaders and fellow battle buddies. He enjoyed providing for his family and his country in such an honorable way as being in the United States Army and he would do anything to be serving again. He contends his discharge was the result of one bad decision to go to a bar with some battle buddies off post and decided to drink more than he should and decided to try to drive home. He believes this was the worst decision of his life and it destroyed his career. He contends he has learned a lot of valuable lessons from this huge mistake, he understands that he cannot take it back, but he can grow from it which he has done. The applicant's contentions were noted; however, 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 his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of his discharge proceeding were carefully considered and the applicant is to be commended on his accomplishments. It should be noted, by regulation, an under other than honorable (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (serious offense). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to rejoining the military and receive his GI Bill benefits. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. Also, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 14 February 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD / RE Code to: JKN / 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 AR20160019190 5