1. Applicant's Name: a. Application Date: 18 November 2015 b. Date Received: 18 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. The applicant seeks relief contending, in pertinent part and in effect, receiving a second chance to reenlist in the Army would provide him and his family a better future. His enlistment was not bad at all as he received two medals for being a hard worker. He made some bad decisions at a younger age with no responsibilities. He now has a wonderful family to care for. In a records review conducted at Arlington, VA on 1 March 2017, 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, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 January 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 December 2001 (2) Basis for Separation: The applicant was informed of the following reasons: received three CG Article 15s and a vacation of his Article 15, all for failing to be at his appointed place of duty; was counseled in writing for failing to report to duty eleven times in the past ten months; while on one-hour alert status, he could not be contacted in September 2001; was counseled for disobeying a direct order and driving without an insurance In October 2001; and, disrespected an NCO by saying to him "Why the f-- do I have to do that?" in May 2001. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 December 2001 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 January 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 July 2000 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92Y10, Unit Supply Specialist / 1 year, 6 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for areas he needed to improve in; understanding his restriction; informing him on extra duty instructions; welcoming to section and expectations; numerous occasions of failing to be at his appointed place of duty at the prescribed time; being absent without authority from his place of duty; disobeying an NCO; driving without a valid insurance; failing to be reached within one hour of recall; and for being disrespectful and being insubordinate towards an NCO. CG Article 15, dated 14 March 2001, for failing to go his appointed place of duty at the prescribed time on three separate occasions (22 and 27 February 2001). The punishment consisted of a reduction to E-1 (suspended), forfeiture of $243 (suspended), and 14 days of extra duty and restriction. Record of Supplementary Action under Article 15, UCMJ, dated 5 April 2001, vacated the punishment of a reduction to E-1 and forfeiture of $243 imposed on 14 March 2001,were vacated due to the applicant failing to be at his appointed place of duty at the prescribed time on 3 April 2001. CG Article 15, dated 24 July 2001, for failing to go his appointed place of duty at the prescribed time on 4 July 2001. The punishment consisted of forfeiture of $243, and 14 days of extra duty and restriction. CG Article 15, dated 15 November 2001, for failing to go his appointed place of duty at the prescribed time on 29 October 2001, and disobeying two NCOs between 10 and 30 October 2001. The punishment consisted of forfeiture of $243, and 14 days of extra duty and restriction. Mental Status Evaluation, dated 17 November 2001, psychiatrically cleared the applicant for any administrative actions deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letter of support, dated 30 October 2015; Certificate of QM Affiliation; and four pictures depicting coins. 6. POST SERVICE ACCOMPLISHMENTS: The applicant routinely volunteers assisting and leading activities in church, serving his community, and is a sage mentor to the youth at church. 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 general (under honorable conditions) discharge to honorable. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The record further 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 expressed a desire to rejoin the military service. 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 reentry eligibility (RE) codes if appropriate. The applicant contends that he made some bad decisions at a younger age with no responsibilities. However, the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The third party statement provided with the application spoke highly of the applicant's character and performance, his post-service accomplishments, and recognized his good conduct after leaving the Army. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The Army Discharge Review Board is authorized to consider post-service factors in the characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 1 March 2017, 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: 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 AR20160000238 1