1. Applicant's Name: a. Application Date: 22 December 2016 b. Date Received: 9 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change his uncharacterized discharge to general (under honorable conditions). The applicant seeks relief contending, in pertinent part and in effect, his discharge was recklessly rushed. His reasons for going AWOL were due to being abused physically and verbally by an NCO. The only proof of this was a captain of his old unit whom he is unable to reach. A change to the characterization of his discharge would enable him to reenlist in the Navy. In a records review conducted at Arlington, VA on 6 April 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c b. block 26, separation code changed to JKQ c. block 27, reentry code changed to 3 d block 28, narrative reason for separation changed to Misconduct (Serious Offense) (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Desertion) / AR 635-200, Paragraph 14-12c(1) / JKF / RE-4 / Uncharacterized b. Date of Discharge: 6 October 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 September 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On 14 November 2015, without authority and with intent to remain away permanently, he absented himself from his unit and remained absent until 31 July 2016. His conduct demonstrated that he cannot adapt to the military environment and does not warrant continued service in the US Army. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 10 September 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 September 2016 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 August 2015 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 7 months, 18 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DA Form 4187 (Personnel Action), dated 21 October 2015, documents the applicant's duty status changing from PDY to AWOL, effective 20 October 2015. DA Form 4187 (Personnel Action), dated 26 October 2015, documents the applicant's duty status changing from AWOL to PDY, effective 25 October 2015. DA Form 4187 (Personnel Action), dated 16 November 2015, documents the applicant's duty status changing from PDY to AWOL, effective 14 November 2015. DA Form 4187 (Personnel Action), dated 14 December 2015, documents the applicant's duty status changing from AWOL to DFR, effective 14 December 2015. DA Form 4187 (Personnel Action), dated 1 August 2016, documents the applicant's duty status changing from DFR to PDY, effective 31 July 2016. Negative counseling statement for being recommended for a UCMJ action due to his AWOL and being recommended for an involuntary separation. Report of Mental Status Evaluation, dated 26 August 2016, psychiatrically cleared for all administrative actions deemed appropriate by his command. DA From 2823 (Sworn Statement), 9 September 2016, reflects questions and responses provided by the applicant concerning his AWOL. i. Lost Time / Mode of Return: 237 days (AWOL: 20 October 2015 to 25 October 2015, for 6 days, and from 14 November 2015 to 31 July 2016, for 231 days) / Applicant returned to his unit after both absences j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 22 December 2016; DD Form 214; pages 2 and 3 of commander's report; counseling statement, dated 24 August 2016; and Direct Deposit Sign-Up Form. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 change his uncharacterized discharge to general (under honorable conditions). The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. Upon a careful review of the entire case file, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(1), block 26 separation code as "JKF," block 27 reentry code as "4," and block 28, narrative reason for separation as "Misconduct (Desertion)." Therefore, as approved by the separation authority, the following administrative corrections are recommended: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; c. block 27, reentry code to 3; and d. block 28, reason for separation to Misconduct (Serious Offense). The record further 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 diminished the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. Although the applicant requests a change to the characterization of his discharge, the uncharacterized description of service accurately reflects the applicant's overall record of service because he was in an entry level status (ELS) on the date of the initiation of his separation action. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. Further, AR 635-200, further defines "entry-level status," for "RA Soldiers, entry-level status is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. ... . Service that is not creditable per DOD 7000.14-R, vol. 7A, table 1-1-2, is excluded from the period of entry- level status." The applicant contends that he was physically and verbally abused by a member of his chain of command; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record of any reported abuse or that he ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request to change the characterization of his discharge. The applicant desires to rejoin the Military Service. 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. 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 while in an entry-level status. 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 6 April 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c b. block 26, separation code changed to JKQ c. block 27, reentry code changed to 3 d block 28, narrative reason for separation changed to Misconduct (Serious Offense) 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD Code to: Change SPD Code to JKQ f. Change RE Code to: Change RE Code to 3 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 AR20170000985 1