1. Applicant’s Name: a. Application Date: 20 July 2015 b. Date Received: 27 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was offered a job at the Post office in Mobile, Alabama and was told to request a change to the narrative reason for separation. In a records review conducted at Arlington, VA on 31 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: Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 30 September 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 September 2003 (2) Basis for Separation: The applicant was informed of the following reasons: Numerous offenses of driving under the influence of alcohol and disobeying lawful orders. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 5 September 2003 (5) Administrative Separation Board: Conditionally waived, 5 September 2003, contingent upon receiving a general, under honorable conditions discharge. (6) Separation Decision Date/Characterization: Undated / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 10 February 2003 / 3 years b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 108 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92Y10, Unit Supply Specialist / 3 years, 4 months, and 23 days d. Prior Service/Characterizations: RA, 8 May 2003 - 9 February 2003 / HD e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Suspension/Revocation of Driving Privileges (memo), dated 11 June 2002, reflects the applicant’s on-post driving privileges were suspended for six months. The suspension was based on evidence of the applicant operating a motor vehicle with a blood alcohol content of .18 percent, along with other substantial evidence of impairment of his physical faculties. Two DA Forms 4856 (Developmental Counseling), dated between 24 July 2002 and 7 August 2003, for failing to report to his appointed place of duty at the time prescribed and failing to obey a lawful order. Summarized Article 15, dated 19 August 2002, for failing to go at the time prescribed to his appointed place of duty (on or about 23 and 24 July 2002). The punishment consisted of extra duty for 7 days. Extension of Suspension/Revocation of Driving Privileges (memo), dated 30 October 2002, reflects the suspension of the applicant’s on-post driving privileges was extended an additional two years. The extension was based on the applicant being observed, by a Fort Sill Military Police Officer, operating a privately owned vehicle on post (29 September 2002). The applicant was titled with failure to obey a lawful order. DA Form 3822 (Report of Mental Status Evaluation), dated 11 August 2003, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Extension of Suspension/Revocation of Driving Privileges (memo), dated 19 August 2003, reflects the suspension of the applicant’s on-post driving privileges was extended an additional two years. The extension was based on the applicant being observed as operating a privately owned vehicle on post (1 August 2003). After a traffic stop, the applicant was given a standard field sobriety test, which he failed. A breath test revealed a .17 percent breath alcohol content. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 20 July 2015, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 8. DISCUSSION OF FACT(S): The applicant requests 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. The applicant contends that a narrative reason change will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “Pattern of Misconduct,” and the separation code is “JKA.” 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. There is no provision for any other reason to be entered under this regulation. Of note, block 28 of the applicant’s DD Form 214, only reflects “Misconduct”, rather than a “Pattern of Misconduct.” 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 31 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 AR20150012528 1