1. APPLICANT’S NAME: a. Application Date: 28 August 2015 b. Date Received: 9 September 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable, a narrative reason and re-entry code change. The applicant, in effect, contends his discharge should be upgraded on the basis of PTSD. He was unable to reintegrate into civilian society upon his redeployment. During his time of service he had no UCMJ actions, Article 15 or loss of rank. His record is void of the circumstances surrounding his discharge and he should be given the benefit of the doubt. He served in an overseas deployment and had acceptable conduct as evidenced by the award of an ARCOM, an AAM, and the CAB. Due to the lack of records to show he had misconduct and the evidence of his in-service diagnosis, a change of his discharge is warranted. In a personal appearance board conducted at Arlington, Virginia on 22 February 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 / General, Under Honorable Conditions. b. Date of Discharge: 4 June 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 September 2004 / 5 years / On 8 March 2006, the applicant extended his enlistment by 4 months giving him a new ETS date of 19 January 2010. b. Age at Enlistment/Education/GT Score: 26 / HS Letter / 107 / 4 years, 5 months, 2 days c. Highest Grade Achieved/MOS/Total Service: E-4 / 19D10, Cavalry Scout d. Prior Service/Characterizations: RA, 3 October 2003 - 19 September 2004 / HD e. Overseas Service/Combat Service: SWA / Iraq (11 November 2003 - 13 March 2004 and 17 April 2005 - 13 February 2006) f. Awards and Decorations: ARCOM, AAM, VUA, AGCM, NDSM, GWTSM, GWTEM, ICM, ASR, OSR-2, CAB g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: The applicant submitted a DD Form 2697, dated 2 April 2007, which reflects in the health care provider comments “Acute PTSD-2006” and “Depression-2006.” 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for Review of Discharge), dated 28 August 2015, DD Form 2697 (Report of Medical Assessment), dated 2 April 2007. 6. POST SERVICE ACCOMPLISHMENTS: None stated. 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 rehabilitation is impractical or unlikely to succeed. Army policy states 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, Pattern of Misconduct. The SPD Code/RE Code Cross Reference Table shows Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a narrative reason change. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. 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 all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions about PTSD were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. The applicant requests a change to his RE code. 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 RE codes if appropriate. The applicant contends an upgrade is warranted because he had good service and his service record is void of any derogatory information. The applicant’s service accomplishments and the quality of his service prior to the incidents which caused the initiation of discharge proceeding were carefully considered. However, while there is evidence in the applicant’s service record he had a period of good service, since the record is void of the specific facts and circumstances concerning the events which led to his discharge, the Board is unable to make a determination as to the quality of his service. The burden of proof rests with the applicant to 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. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional document(s): Character Letters - 2 pages 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. 9. 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 Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge 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 IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150014433 1