1. Applicant's Name: a. Application Date: 2 January 2017 b. Date Received: 9 January 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, his command made a material error of discretion by discharging him before disposition of charges. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 17 June 2016. In a personal appearance hearing conducted at Arlington, VA on 18 September 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2b / JNC / NA / Honorable b. Date of Discharge: 23 January 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 December 2012 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provisions of AR 600-8-24, paragraph 4-2b, for misconduct, moral, or professional dereliction for the following reasons: Substantiated derogatory activity resulting in a General Officer Memorandum of Reprimand, dated 23 May 2012, which was filed in his Official Military Personnel File. Conduct unbecoming an officer as indicated by the above-referenced item. (3) Legal Consultation and Appearance before BOI Date: 30 January 2013 (4) BOI Recommended Characterization: General (Under Honorable Conditions) (5) DA Ad Hoc Review Board Recommendation: Honorable Discharge (6) Separation Decision Date/Characterization: 6 January 2014 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 March 2010 / Pursuant to Active Duty Orders 089-356- A-341, dated 30 March 2010, for 6 years upon successful completion of warrant officer candidate course (WOCC). b. Age at Appointment / Education / GT Score: 29 / Associates Degree / NA c. Highest Grade Achieved / MOS / Total Service: WO2 / 922A0, Food Service Technician / 14 years, 6 months, and 23 days d. Prior Service / Characterizations: RA (1 July 1999 - 12 September 2001) / HD RA (13 September 2001 - 7 October 2005) / HD RA (8 October 2005 - 29 March 2010) / HD e. Overseas Service / Combat Service: Hawaii, SWA / Afghanistan (28 February 2002 - 7 October 2002, 16 January 2004 - 30 June 2004, 18 August 2005 - 29 January 2006, 1 August 2006 - 25 March 2007, 22 October 2007 - 21 June 2008, and 15 January 2009 - 30 July 2009) f. Awards and Decorations: ARCOM-5; AAM; AGCM-3; ACM-2CS; GWOTEM; GWOTSM; NCOPDR-2; ASR; OSR-6; NATOMDL; CAB g. Performance Ratings: 30 March 2010 - 18 August 2011, Best Qualified 18 August 2012 - 1 April 2013, Best Qualified h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 26 April 2012, reflects the applicant was the subject of an investigation for operating a vehicle while under the influence of an intoxicant. General Officer Memorandum of Reprimand, dated 23 May 2012, indicates the applicant was reprimanded for being apprehended for operating a motor vehicle while under the influence of alcohol on 26 April 2012. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. 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 "JNC" as the appropriate code to assign Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraph 4-2b, unacceptable conduct. 8. DISCUSSION OF FACT(S): The applicant requests a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms his discharge based on an unacceptable conduct 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant requests a change to the narrative reason for his discharge and its corresponding separation code. However, he was separated under the provisions of Chapter 4, paragraph 4- 2b, AR 600-8-24 with an honorable discharge as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends his command made a material error of discretion by discharging him before disposition of charges. However, 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. Further, a review of the applicant's prior records review reflects the applicant addressed this same contention. The record of evidence reflects the basis for his discharge was due to substantiated derogatory activity resulting in a GOMOR and his conduct unbecoming of an officer. The court's plea and judgment order shows the charge was dismissed with prejudice, but it does not explain why the charge was dismissed. This does not disprove or invalidate the GOMOR. The applicant provided no new independent corroborating evidence demonstrating that either the command's action was erroneous or that the presumption of regularity should not be applied. The applicant by his own statement, contained in the record, took responsibility for consuming some amount of alcohol prior to driving, although he remained steadfast that he was not driving under the influence. Additionally, the GOMOR was imposed as an administrative measure consistent with AR 190-5, paragraph 2-7a (which states that once an official document is properly filed in the OMPF, it is presumed to be administratively correct and filed pursuant to an objective decision by competent authority), and not as punishment pursuant to the UCMJ. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Character reference - 1 page b. The applicant presented additional issues which the Board considered. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 18 September 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20170001328 4