1. APPLICANT’S NAME: a. Application Date: 4 June 2014 b. Date Received: 18 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: An upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant states, in effect, he served more than eight years and almost three years in constant combat; he collected numerous scars physically when he was awarded the Bronze Star and the Purple Heart, and mental scars the kind you cannot see. An upgrade of his discharge would open doors for employment opportunities. In a records review conducted at Arlington, VA on 10 July 2015, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service to include his combat service (i.e., three combat tours) and the circumstances surrounding his discharge (i.e., eight years of service with one infraction of misconduct), mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to 1. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (Serious Offense)/ AR 635-200, Chapter 14, Paragraph 14-12c/JKQ/RE-3/General, Under Honorable Conditions. b. Date of Discharge: 4 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant’s record is void of the specific facts and circumstances which led to his discharge from the Army. (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 27 July 2012/6 years b. Age at Enlistment/Education/GT Score: 26 years/HS Graduate/112 c. Highest Grade Achieved/MOS/Total Service: SSG/E-6/13B30, Cannon Crewmember, 8 years, 3 months and 2 days. d. Prior Service/Characterizations: RA/3 January 2006-26 July 2007/HD RA/27 July 2007-27 July 2012/HD e. Overseas Service/Combat Service: South West Asia/Iraq/11 May 2007-15 July 2008 and 1 November 2009-31 October 2010/Afghanistan/13 May 2012-24 January 2013. f. Awards and Decorations: BSM, PH, ARCOM-5, AAM-2, AGCM-2, NDSM, ICM-W/2CS, ACM-W/CS, GWOTSM, NPDR, ASR, OSR-2, NATO MDL, CAB. g. Performance Ratings: Two successful NCOERs covering the periods from 1 December 2011 thru 30 November 2012 and 1 May 2013 thru 4 April 2014; and a marginal report covering the period from 1 December 2012 thru 30 April 2013. h. Disciplinary Action(s)/Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR) dated 19 March 2013, for driving under the influence of alcohol. A Military Police Report dated 10 February 2013, indicating the applicant was arrested for driving while under the influence of alcohol or drugs off post. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: An online application (six pages), three supporting statements, PH certificate, BSM certificate with citation, Enlisted Record Brief (ERB), and a DA Form 2166-8 (NCO Evaluation Report). 6. POST SERVICE ACCOMPLISHMENTS: The applicant submitted a document indicating he is employed as a DoD civilian serving as a Training Aides Device Simulator and Simulation (TAADS) instructor. 7. REGULATORY CITATION(S): Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation 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 ISSUE(S): The applicant seeks relief contending, he served more than eight years and almost three years in combat; he collected numerous scars physically when he was awarded the Bronze Star and the Purple Heart, and mental scars the kind you cannot see. An upgrade of his discharge would open doors for employment opportunities. The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason for separation was carefully considered. However, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 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’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends he served more than eight years and had almost three years in combat; he collected numerous scars physically when he was awarded the Bronze Star and the Purple Heart, and mental scars the kind you cannot see. There are insufficient mitigating factors in the available record to make a determination as to whether these contentions have merit. The available record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant further contends an upgrade of his discharge would open doors for employment opportunities. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The third party statements provided with the application speak highly of the applicant’s performance and good conduct while on active duty and as DOD civilian employee. None of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity in the discharge process. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. Therefore, based on the available evidence in the record and the presumption of government regularity, it appears 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: Yes b. Change characterization to: Honorable c. Change Reason to: Secretarial Authority d. Authority/SPD/RE Code Change to: AR 635-200, Chapter 5-3; JFF; RE-1 e. Restoration to Grade: NA 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 AR20140010879 1