1. Applicant's Name: a. Application Date: 14 November 2016 b. Date Received: 18 November 2016 c. Counsel: None 2. Request, Issues, Board Type, and Decision: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, he matured since his mistakes and can now be a better Soldier. He desires an upgrade to reenlist and serve his country. In a records review conducted at Arlington, VA on 26 January 2018, and by a 5-0 vote, the Board determined that the narrative reason for discharge was too harsh and as a result it is inequitable. Accordingly, the Board voted to grant relief by 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. The board determined the characterization of service was proper and equitable and voted not to change it. (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 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 9 January 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he stole some amount of money from the refrigerator in the Chaplain's Office, the property of the United States Army (18 August 2013); he wrongfully and falsely altered his Military Identification Card by scratching the number "3" in his date of birth (which originally read "1993SEP22") to appear to be a "O" (which altered it to read "1990SEP22") between on or about (18 June 2012 and 13 November 2013); and he wrongfully used his altered Military Identification Card with intent to deceive by presenting his altered Military Identification Card as proof that he was then, over 21 years of age, and therefore eligible to enter Electric Cowboy, an off post establishment that serves alcohol and prohibits entrance to only those individuals who are 21 years of age, or older (8 November 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 January 2014, waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 February 2014 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 June 2012 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 1 year, 9 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: He received a negative counseling statement, dated 20 August 2013, for stealing from the battalion chaplain's food / drink fund. FG Article 15, dated 28 August 2013, for stealing some amount of money from the refrigerator in the Chaplain's Office, the property of the United States Army (18 August 2013); reduction to PV2 / E-2; forfeiture of $100 pay for two months; extra duty and restriction for 30 Days. Report of Mental Status Evaluation, dated 3 December 2013, relates there have been no reports of Behavioral Health symptoms warranting a need to refer the applicant to an MEB. The applicant assumed full responsibility for his poor judgment. He was cleared for any administrative action deemed appropriate by command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 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. 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). 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 an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation to include the RE code. The applicant's record of service and the issues submitted with his applications 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 misconduct (serious offense), 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 "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 regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he matured since his mistakes and can now be a better Soldier. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant desires an upgrade to reenlist and serve his country. Soldiers being processed for separation are assigned reentry codes based on their 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 was no basis 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. 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 26 January 2018, and by a 5-0 vote, the Board determined that the narrative reason for discharge was too harsh and as a result it is inequitable. Accordingly, the Board voted to grant relief by 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. The board determined the characterization of service was proper and equitable and voted not to change it. 10. 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 AR20170000653 1