1. Applicant's Name: a. Application Date: 23 December 2016 b. Date Received: 23 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he is applying to become a police officer and needs an honorable discharge to do so. He was young and made a bad choice. His first sergeant forced him to plead guilty and sit in jail for 81 days. He would like to join the Army Reserves and continue to serve his country as an honorable patriot. Per the Board's Medical Officer, based on the information available for review at the time, including the applicant's case file, AHLTA and JLV.AHLTA indicates applicant was followed by BH for Adjustment Disorder with disturbance of emotions and conduct manifested by problems with anger/hostility, insomnia, poor impulse control. While in Korea, he attended the long term Anger Management Group. Throughout his Korea assignment, he had recurring difficulty getting along with NCOs in his chain of command. While in pretrial confinement, he reported flashbacks and disturbing dreams related to his youth when he was a member of a gang. Stated he was physically and emotionally abused by his mother [until the age of 16 when he pulled a gun and threatened to kill her]. The BH note indicates applicant was in juvenile hall for 2 years and was released at age 17. VA notes indicate he reported he was diagnosed with PTSD while in the service. VA diagnoses are 1) PTSD as per report (i.e.-applicant's report) and rule out Alcohol Abuse. Based on the available information, the applicant does not have a mitigating Behavioral Health disorder. In a records review conducted at Arlington, VA on 23 March 2018, 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 (Civil Conviction) / AR 635-200, Chapter 14, SEC II / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 1 August 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 9 July 2012 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; on 25 April 2012, he was convicted in a Korean Court for physically assaulting B.K., H.P., and Y.K. (29 August 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 July 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 August 2010 / 4 years b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88N10, Transportation Management Coordinator / 1 year, 11 months, 23 d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, date not in file, breaking restriction, reduction to PVT / E-1, forfeiture of $342 pay, extra duty and restriction for 14 days. CG Article 15, failure to obey, date not in file, reduction to PV2 / E-2, forfeiture of $383 pay (suspended), extra duty and restriction for 14 days. Of note, these Articles 15 are not contained in the available record; see unit commander's recommendation memorandum. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade to his characterization of service from general (under honorable conditions) to honorable. 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. By the misconduct (civil conviction), 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 seeks relief contending, he is applying to become a police officer and needs an honorable discharge to do so. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant further contends, he was young and made a bad choice. 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 additionally contends, his first sergeant forced him to plead guilty and sit in jail for 81 days. 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 applicant would like to join the Army Reserves and continue to serve his country as an honorable patriot. 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 23 March 2018, 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. Change SPD Code to: No Change f. Change RE Code 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 AR20170002751 1