1. Applicant's Name: a. Application Date: 18 February 2017 b. Date Received: 27 February 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable, a change to the narrative reason for separation to include the reentry eligibility (RE) code and restoration of rank to E-4. The applicant seeks relief contending, in effect, he was provided ineffective counsel and removed from the military on the basis of his word against his accuser's. He has difficulty obtaining financially gainful employment because of the investigation slated against him due to false allegations. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has provided evidence of a PTSD disability rating of 30% from the VA. Even if stipulated that the applicant had PTSD at the time of his misconduct, his misconduct involved molesting a fellow soldier. This, and the misconduct related to it, are not mitigated by PTSD. In a personal appearance hearing conducted at Arlington, VA on 9 April 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 March 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 24 January 2013 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he violated General Order Number 1 by entering the living space of a member of the opposite sex, made false official statements, and molested another Soldier. (3) Recommended Characterization: Under Other Than Honorable Conditions The intermediate commander recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: 24 January 2013 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) pursuant to AR 635-200. (6) Separation Decision Date / Characterization: 20 February 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 June 2011 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 24 years / One year of college / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 5 years, 5 months, 27 days d. Prior Service / Characterizations: USAR, 22 September 2007 to 2 June 2008 / NA IADT, 3 June 2008 to 17 August 2008 / NA USAR, 18 August 2008 to 20 November 2009 / NA AD, 21 November 2009 to 19 November 2009 / HD USAR, 20 November 2009 to 1 June 2011 / NA e. Overseas Service / Combat Service: SWA / Afghanistan, 28 February 2012 to 4 September 2012 f. Awards and Decorations: ARCOM, NDSM, ACM-CS, GWOTSM, ASR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two page); attorney's brief (six pages); applicant's sworn declaration (three pages); and OMPF documents (275 pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he began working for a car cleaning company that serviced Zip Car and Hertz and; he went back to school in New York at Medgar Evers College in Brooklyn. He graduated 2015 with an Associate's Degree in Business Management and is only one semester away from his Bachelors in Accounting. He now works as a door man at Van Clef and Arpels jewelry store. 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, a change to the narrative reason for separation to include the RE code and restoration of rank to E-4. 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 (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 requests a change to the narrative reason for separation and a change to the RE code.. 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 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. The applicant requests restoration of rank to E-4. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. The applicant seeks relief contending, he was provided ineffective counsel and removed from the military on the basis of his word against his accuser's. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his counsel was infective and that he was unjustly discharged. The applicant further contends, he has difficulty obtaining financially gainful employment because of the investigation slated against him due to false allegations. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant's post-service accomplishments have been noted as outlined in the documents with the application. The applicant requests a change to the RE code. 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 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 service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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): VA Disability Rating Decision process documents - 3 pages Separation package - investigation documents - 50 pages b. The applicant presented the following additional contention(s): None were listed on the hearing data sheet c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 9 April 2018, 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. 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 AR20170003459 5