1. Applicant's Name: a. Application Date: 5 December 2015 b. Date Received: 21 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was in the wrong place at the wrong time and the circumstances which led to his discharge were a misunderstanding. He and his battle buddy were holdovers because they missed too many training hours. His battle buddy informed him that as holdovers, they were allowed weekend passes and wanted him to go out for the weekend and to be his battle buddy. The applicant trusted his battle buddy, so he did not question him. They left base for the weekend and stayed at a hotel. On Saturday night, a friend of the applicant called him from the barracks and informed him that the drill sergeants said that they were AWOL. Later that evening, the applicant and his battle buddy were on their way to a party at another hotel, located in an area that did not appear to be safe. He and his battle buddy took a shortcut through the back of a dealership, where the events that led to the misunderstanding by the police took place. The applicant believed that they could talk to the police and explain everything. While he was motioning for the police, he was tackled by a police officer. They started rolling downhill, resulting in the officer dislocating his shoulder. The applicant and his battle buddy were taken into custody and were not allowed to explain anything. The police thought they were breaking into cars and they were charged with "Loitering/Prowling." Since the officer was injured, the applicant was charged with "Obstruction on an Officer." After 10 days in jail, they were released to their unit. His unit leadership knew what kind of Soldier he was and the potential that he had in the Army. The applicant desires one more chance to fix what happened. 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. 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-4 / Uncharacterized b. Date of Discharge: 30 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 March 2014 (IADT) / 14 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 7 months, 23 days d. Prior Service / Characterizations: e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, undated, reflects the applicant went AWOL on 14 July 2014; was arrested by civil authorities for "Loitering and Prowling, and "Obstruction," on 21 July 2014. Two Personnel Action forms, reflect the applicant's duty status changed from "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 14 July 2014, and from "AWOL" to "Civilian Confinement," effective 21 July 2014. i. Lost Time / Mode of Return: 17 days (AWOL, 14 to 20 July 2014 and Civil Confinement, 21 to 31 July 2014) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) 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 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 that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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. Insomuch as the service record is void of the discharge packet, government regularity is presumed. Therefore, barring any evidence to the contrary, the separation authority approved the discharge 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. Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. At the time of the applicant's separation he had 5 months and 18 days of Active Duty service. The applicant's contentions about being in the wrong place at the wrong time and that the circumstances surrounding his discharge were a misunderstanding, 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. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it will be 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. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that 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. 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 New DD-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 AR20160002005 1