1. APPLICANT’S NAME: a. Application Date: 7 June 2014 b. Date Received: 11 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade the characterization of his discharge and to change the narrative reason. The applicant states, in pertinent part and in effect, he was young and confused. He is now focused and desires to rejoin the Army. He has held the same job since his discharge. In a records review conducted at Arlington, VA on 22 July 2015, and by a 5-0 vote, the Board finding the separation was both proper and equitable, denied the request. (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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 2 December 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 November 2009 (2) Basis for Separation: The applicant was informed of the following reasons: On 4 August 2009, without authority and with intent to avoid field exercises, he was absent from his unit and remained so absent until 11 September 2009. On 3 August 2009, through design, he missed the movement of B Btry, 3rd Bn, 6th FA. Between 15 June 2009 and 15 July 2009, he wrongfully used marijuana. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Waived on 13 November 2009 (5) Administrative Separation Board: No, unconditionally waived (6) Separation Decision Date/Characterization: (GCMCA) 19 November 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 2 May 2007 / 6 years, 17 weeks b. Age at Enlistment/Education/GT Score: 17 / HS Graduate / 97 c. Highest Grade Achieved/MOS/Total Service: E-4 / 13B10, Cannon Crewmember / 2 years, 5 months, 23 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (071207-081020) f. Awards and Decorations: NDSM; ICM-CS; GWOTSM; ASR; OSR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: On 14 October 2009, the applicant was found guilty of three charges: for being AWOL from 3 August 2009 to 11 September 2009, missing movement of his unit on 3 August 2009, and wrongfully using marijuana between 16 June 2009 and 15 July 2009. His sentence consisted of a reduction to Private E-1, forfeiture of $933 pay, and confinement for 30 days. Two positive urinalysis reports, indicate IR (Inspection, Unit) on 15 July 2009, for marijuana and IO (Inspection, Other) on 23 February 2008, for marijuana. FG Article 15, dated 5 June 2008, for wrongfully using marijuana between 23 January 2008 and 23 February 2008. He received a reduction to Private E-1, forfeiture of $673 pay per month for two months, and 45 days of extra duty. The applicant received numerous counseling statements for various acts of misconduct and substandard performance of duty. i. Lost Time: 39 days, AWOL j. Diagnosed PTSD/TBI/Behavioral Health: Mental health issues noted in the Report of Medical History, dated 15 September 2009, and Report of Mental Status Evaluation, dated 17 September 2009, indicates a diagnosis of adjustment disorder by history. 5. APPLICANT-PROVIDED EVIDENCE: A self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: Since his discharge, he worked his way up to a leadership position in Wendy’s. 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. 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 ISSUE(S): The applicant seeking relief contends he was young and confused. He is now focused and desires to rejoin the Army. He has held the same job since his discharge. Documentary evidence in the applicant’s record of service indicates numerous serious incidents of misconduct documented by a summary court-martial conviction and an Article 15 for violations of the Uniform Code of Military Justice, and negative counseling statements. By the serious incidents of misconduct, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or a fully honorable discharge. Therefore, “Misconduct (Serious Offense)” is the appropriate reason for his discharge, and an under other than honorable characterization of service was warranted. Army Regulation 635-5-1 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 14-12c, for misconduct (serious offense). The regulation further stipulates that no deviation is authorized. The applicant desires to rejoin the Military Service. There is no basis to grant a change to the reentry (RE) code. 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 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The applicant contends that he was young and confused. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate he was any less mature than other Soldiers of the same age who successfully completed military service. The applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of his entire service record and the reasons for the discharge, it appears that his accomplishment did not overcome the reason for discharge and characterization of service granted. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. 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. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140010384 1