1. Applicant’s Name: a. Application Date: 19 May 2015 b. Date Received: 21 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general, under honorable conditions and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was discharged for failure to train, which is reflected in his counselings and Article 15. The applicant believes that his narrative for separation should reflect “Entry Level Separation” instead of “Misconduct.” The applicant contends that in 2011 he was a 19-year old child that had no priorities or motivation to make anything of himself. Thinking it would be an easy thing to do, he enlisted in the U.S. Army. After a few months, he eventually did what he usually did, he quit. He has regretted that decision ever since. In the years following his discharge, he has gained direction and found out what he want in life. He has been able to spend his time constructively and has become a more dedicated and intelligent individual. His priorities have changed dramatically, doing things to better his life and those around him. The applicant currently works for the Milwaukee County Parks System and has maintained this job for over two years, while attending college full time as a finance major. He also made the Dean’s List. The applicant states that he needs back in. He does not want to rejoin because of any reason other than the feeling of regret. The applicant states that he will become more than what he is now and regain his honor. In a records review conducted at Arlington, VA on 3 August 2016, 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / Uncharacterized b. Date of Discharge: 19 July 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 June 2011 (2) Basis for Separation: The applicant was informed of the following reasons: counseled multiple times for refusing to train; received a FG Article 15 for refusing to train; the pattern of misconduct and blatant disregard for the Army Values is not tolerated; and, displayed values unbecoming of a US Soldier. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 5 July 2011 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 13 July 2011 / Uncharacterized. 4. SERVICE DETAILS: a. Date/Period of Enlistment: 15 March 2011 / 3 years and 17 weeks b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 114 c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 4 months and 5 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: DA Form 3822 (Report of Mental Status Evaluation), dated 18 May 2011, reflects the applicant had a clear and normal thought process and was mentally responsible. Three DA Forms 4856 (Developmental Counseling), dated between 20 May 2011 and 1 June 2011, for refusing to train, recommendation for UCMJ action (Article 15), and initiation of separation proceedings under Chapter 14-12b (Patterns of Misconduct). FG Article 15, dated 2 June 2011, for being derelict in the performance of his duties in that he willfully failed to participate in the 19K OSUT training (23 May 2011). The punishment consisted of a reduction to E-1 and forfeiture of $678.00 pay per month for two months. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 19 May 2015; self-authored statement; DD Form 214; four character letters, University of Wisconsin-Milwaukee Transcript, dated 8 December 2014; and a copy of his case separation file. 6. POST SERVICE ACCOMPLISHMENTS: The applicant currently works for the Milwaukee County Parks System and has maintained this job for over two years, while attending college full time as a finance major. He also made the Dean’s List. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12b, Pattern of Misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to general, under honorable conditions and a change to the narrative reason for separation. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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. 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. The applicant contends that he was young and immature at the time of the discharge. 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 contends that since leaving the Army he has been employed with the Milwaukee County Parks System and has maintained this job for over two years, while attending college full time as a finance major. He also made the Dean’s List. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. Further, the Board does not grant relief solely 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. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant states that he needs back in and that he does not want to rejoin because of any reason other than the feeling of regret. He will become more than what he is now and regain his honor. However, 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 3. There are 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 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 3 August 2016, 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008957 4