1. Applicant's Name: a. Application Date: 21 February 2015 b. Date Received: 27 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant submitted no issues of equity or propriety to be considered by the board. In a records review conducted at Arlington, VA on 3 February 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 24 contains the erroneous character of service of uncharacterized. In view of the error, the Board directed an administrative correction to block 24, character of service to read "General (Under Honorable Conditions)" as approved by the separation authority. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / Uncharacterized b. Date of Discharge: 10 December 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 December 2010 (2) Basis for Separation: The applicant was informed of the following reasons: received an Article 15 for violation of Article 91, UCMJ, for disobeying an NCO; and, received another Article 15 for violation of Article 107, for making a false official statement (5 November 2010). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 December 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 December 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 March 2010 / 4 years, 31 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 9 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being recommended for separation due to patterns of misconduct while in AIT; lying to a senior NCO; violation of the Army Values; failing to be at his appointed place of duty at the prescribed time on numerous occasions; leaving company area while on restriction and extra duty; disobeying a lawful order; failing to follow company sick call procedures; lacking motivation; CG Article 15, dated 1 October 2010, for disobeying an NCO (23 September 2010). The punishment consisted of forfeiture of $378 (suspended), and 14 days of extra duty and restriction. CG Article 15, dated 5 November 2010, for making a false official statement (3 November 2010). The punishment consisted of a reduction to E-1, forfeiture of $337, and 14 days of extra duty and restriction. Report of Mental Status Evaluation, dated 26 November 2010, cleared the applicant to participate in administrative actions deemed appropriate by his command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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, Paragraph 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 honorable. The applicant's record of service and 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 on Active Duty. The applicant bears the burden of presenting substantial and credible evidence to support his issue(s). The applicant produced no evidence to support his request for an upgrade of the discharge. Further, notwithstanding the propriety of the applicant's discharge, the record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as "Uncharacterized." In view of this clerical error, it is recommended to the Board that an administrative change be made to block 24, character of service to read "General (Under Honorable Conditions)" as was approved by the separation authority. 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 February 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 24 contains the erroneous character of service of uncharacterized. In view of the error, the Board directed an administrative correction to block 24, character of service to read "General (Under Honorable Conditions)" as approved by the separation authority. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditons c. Change Reason to: No Change d. Change SPD / RE Code to: No Change 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 AR20150018917 1