1. Applicant’s Name: a. Application Date: 30 June 2015 b. Date Received: 6 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change and an amendment to his elimination proceedings. The applicant seeks relief contending, in effect, the initiation of elimination paperwork stated pending charges against him as facts, before he had the opportunity to defend or correct the accusations and before courts were able to prove or disprove charges against him. The allegations in the elimination paperwork will unfairly impact any future review of military files as they are misleading and not factual. The applicant requests re-wording of paragraph “2” section “a.” The paragraph is currently written as stated facts, which at the time had not been proven and some were eventually dismissed. The concept of “innocent until proven guilty,” was complexly disregarded. The packet reflects the person’s own assumptions based solely on their interpretation of the initial police report. He requested through his chain of command that he be able to explain the circumstances and that paragraph “2” section “a” wording be changed in the elimination paperwork, but his request was denied. In a records review conducted at Arlington, VA on 26 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2b and 4-24a (1) / BNC / NA / Under Other Than Honorable Conditions b. Date of Discharge: 31 July 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 February 2014 (2) Basis for Separation: The applicant was informed of the following reasons: He struck and killed PFC A.M. with his vehicle while driving under the influence of alcohol. He fled the scene of the accident and later lied to police, stating the damage to his vehicle was caused by a deer (14 December 2013); and, Was convicted in Massachusetts State Court for driving while intoxicated on 24 March 2012 (1 July 2013). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: NIF (5) AD Hoc Board: 23 June 2014, the AD Hoc review board considered the applicant’s request for resignation in lieu of elimination in accordance with AR 600-8-24, Chapter 4. (6) Separation Decision Date/Characterization: 16 July 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Appointment: 16 May 2009 / Indefinite b. Age at Appointment/Education/GT Score: 22 / Bachelor’s Degree / NA c. Highest Grade Achieved/MOS/Total Service: O-3 / 11A 5P, Infantry / 5 years, 1 month, and 23 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Afghanistan (20 September 2012 - 8 May 2013) f. Awards and Decorations: ACM w/CS, BSM, ARCOM, AAM-2, NDSM, GWTSM, ASR, NATO Medal, CIB g. Performance Ratings: 15 May 2009 - 15 July 2013, Best Qualified h. Disciplinary Action(s)/Evidentiary Record: Criminal Complaint, dated 17 May 2012, reflects the applicant committed the following offenses on or about 24 March 2012: Operate a motor vehicle while under the influence of an intoxicating liquor Negligent operation of a motor vehicle State Highway-wrong way Incident Report, dated 16 December 2013, reflects the applicant was charged with the following offenses: Homicide Criminally Negligent Driving Under the Influence Traffic Offenses Developmental Counseling Statement (DA Form 4856), dated 20 December 2013, for being absent without leave or pass (14 December 2013) and for being charged in a civilian court with the suspicion of: vehicular manslaughter resulting in the death of a Soldier, DUI, fleeing the scene of an accident and driving with a suspended license as a result of a previous DUI. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 30 June 2015; DD Form 214; and a partial copy of his elimination packet. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service 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. 8. DISCUSSION OF FACT(S): The applicant requests a narrative reason change and amendments to the elimination proceedings. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant diminished the quality of his service below that meriting an honorable discharge. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 4, AR 600-8-24 with a under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “Unacceptable Conduct,” and the separation code is “BNC.” Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. The applicant contends portions of his initiation of elimination documents should be changed because some charges were dismissed. However, the applicant’s requested change does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 26 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/Issue a New Separation Order: 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: 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 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 AR20150011229 1