1. Applicant's Name: a. Application Date: 19 November 2015 b. Date Received: 3 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, prior to, during, and after his Administrative Separation Board, the Alaska Army National Guard (AKARNG), the Judge Adjutant General (JAG), and the Adjutant General (TAG) violated numerous regulations that are designed to make this process not just fair, but also more importantly impartial. He has been denied his retirement and all benefits upon separation. The TAG refuses to identify what regulatory guidance referenced to deny his 20 year AFS retirement or retirement after achieving his 20 year letter from the ARNG. In a records review conducted at Arlington, VA on 8 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / Commission of a Serious Offense / Paragraphs 12-1b and 12-1c / AR 135-178 / RE-4 / General, (Under Honorable Conditions) b. Date of Discharge: 22 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF; however, the administrative separation board findings indicate the applicant committed the following offenses: had an ongoing sexual relationship with J.M., while they were both married to other people in violation AR 600-20 (July 2008 through December 2012); engaged in an improper relationship and inappropriate behavior with PVT C.P., a Soldier under his direct supervision, by permitting her to stay at his residence and use his personally own vehicle (POV), in violation of AR 600-20 (March 2011 through August 2011); had an ongoing sexual relationship with A.K., while they were both married to other people in violation of AR 600-20 (January 2009 through December 2012); and engaged in an inappropriate relationship and inappropriate behavior with his recruit E.H., in which he made sexual advances towards her and to whom he made improper sexual comments, in violation USAREC 600-25 (February 2008 through December 2008). (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: On 9 October 2014, the applicant was notified to appear before an administrative separation board hearing. On 23 October 2014, the board convened and the applicant appeared with counsel. On 26 October 2014, the Board recommended that the applicant's separation be suspended for 12 months and also recommended the applicant be separated with a general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: On 22 October 2015, the Assistant Secretary of the Army (Manpower and Reserve Affairs), approved the applicant's release from full time National Guard Duty. The ASA (M & RA) directed the applicant's separation with general, (under honorable conditions) characterization of service from the Alaska Army National Guard. Further, she directed the applicant's separation for the Reserve of the Army. The Separation Program Designator Code is JKQ and the reenlistment eligibility (RE) code is RE-4. 4. SERVICE DETAILS: a. Date / Period of Enlistment: AD / 16 March 2011 / 5-year extension (9 July 2009) b. Age at Enlistment / Education / GT Score: 34 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-8 / 79T50, Recruiting and Retention NCO / 42A50, Human Resources Specialist / 11B10, Infantryman / 21 years, 3 months, 29 days d. Prior Service / Characterizations: USAR, 24 June 1994 to 12 June 1995 / NA RA, 13 June 1995 to 22 March 1999 / HD RA, 23 March 1999 to 27 September 2000 / HD RA, 28 September 2000 to 15 March 2005 / HD ARNG, 16 March 2005 to 2 August 2005 NA AD, 3 August 2005 to 15 March 2011 / NA e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: ARCOM-4, AM-4, AGCM-3, NDSM-BSS, GWOTSM, NCOPDR-3, ASR, OSR-2 g. Performance Ratings: 1 October 2010 thru 29 September 2012, Among The Best h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application; 20 year retirement letter; applicant's letter to Alaska Army National Guard; developmental counseling form; memorandum barring the applicant from AKARNG facilities; two requests and authority for leave; discharge orders 296- 008; DD Form 214 (worksheet); active duty orders 294-012; Assistant Secretary of the Army (Manpower and Reserve Affairs) memorandum; DD Form 214; pre-hearing conference / administrative separation board proceedings; administrative separation board findings; and a memorandum, rebuttal to administrative separation board findings, with enclosures 1 and 2. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 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, and convictions by civil authorities. 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 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation. 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 complete facts and circumstances concerning the events which led to the former Soldier's discharge from the Army National Guard and Reserve of the Army. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant requested a change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of AR 135-178. The applicant bears the burden of presenting substantial and credible evidence to support his request to change the reason for his discharge. There is no evidence in the available record, nor has the applicant provided any evidence, to support the request that the reason for his discharge was improper or inequitable. The applicant seeks relief contending, prior to, during, and after his administrative board the Alaska Army National Guard (AKARNG), the Judge Adjutant General (JAG), and the Adjutant General (TAG), violated numerous regulations that are designed to make this process not just fair but also more importantly impartial. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant further contends, he has been denied his retirement and all benefits upon separation; and the TAG refuses to identify what regulatory guidance is referenced to deny his 20 year AFS retirement or retirement after achieving his 20 year letter from the ARNG. The applicant's 20 year letter notified him he had completed the required years of service, he will be eligible for retired pay upon application at age 60 in accordance with provisions of the Title 10, U.S. Code, Chapter 1223. His eligibility for retired pay may not be denied or revoked on the basis of any error, miscalculation, misinformation or administrative determination of years of creditable service performed unless it resulted directly from fraud or misrepresentation on his part. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the applicant was released from active duty by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. The service record indicates that someone in the discharge process erroneously entered on the applicant's NGB Form 22, block 26, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of pattern of misconduct and misconduct (serious offense). Soldiers processed for a pattern of misconduct and misconduct (serious offense) will be assigned an SPD Code of JKA and JKQ with an RE Code of 3. If the applicant desires a personal appearance hearing, it is 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. 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 8 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a DD Form 214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change to SPD / Change RE code to 3 e. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018520 1