1. Applicant's Name: a. Application Date: 3 February 2016 b. Date Received: 18 February 2016 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 changes to the narrative reason for separation and reentry eligibility (RE) code. The applicant states, in pertinent part and in effect, he was not convicted of any crimes as all charges against him were dismissed. In a records review conducted at Arlington, VA on 28 April 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, the Board found that the applicant's DD Form 214, block 27 contains an erroneous entry. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: a. Block 27, reentry code changed to 3. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 6 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 January 2015 (2) Basis for Separation: The applicant was informed of the following reasons: arrested by Lacey Police Officers for exposing his genitalia and then masturbating in front of two 19-year-old females (2 January 2015); willfully derelict in his duty in reporting his arrest; and, made a false official statement to his supervisors (5 January 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 January 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 February 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 March 2013 / 4 years b. Age at Enlistment / Education / GT Score: 26 / Associate's Degree / 106 c. Highest Grade Achieved / MOS / Total Service: E-3 / 12K1P, Plumber / 1 year, 11 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Civilian police report, dated 2 January 2015, reports that the applicant was the subject of an investigation for sex offense. CG Article 15, dated 21 January 2015, for being derelict in the performance of his duties by failing to report to his chain of command his arrest (2 January 2015) and making false official statements on two separate occasions (5 January 2015). The punishment consisted of a reduction to E-2, forfeiture of $404, and 14 days of extra duty. Stipulate Order of Continuance, dated 13 January 2015, reflects the applicant agreed to being charged for indecent exposure; a continuance of 12 months, and its terms and conditions; that he shall not commit a criminal law violation, and listed conditions for the applicant to comply with, and listed purposes for the continuance. Report of Mental Status Evaluation, dated 1 January 2015, cleared the applicant from a behavioral health perspective for administrative action according to AR 635-200. Negative counseling statement for failing to report an incident of his arrest and lying to his first sergeant and a senior NCO. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application and End of Docket court document, dated 14 January 2016. 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 14-12c 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 and changes to the narrative reason for separation and reentry eligibility (RE) code. The applicant's record of service and the issues 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 contends he was not convicted of any crimes as all charges against him were dismissed. However, this action is a procedural step which is part of a normal process, when an alternative forum is chosen. In this case, the charges were dismissed because the applicant complied with and completed all terms and conditions stipulated to in a "Stipulated Order of Continuance" for a period of 12 months as agreed to by the applicant, his counsel, and the counsel for the City of Lacey. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)" and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant requests to change the reentry eligibility (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 ADRB has appropriately assigned the applicant an RE code of 3. There is 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 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 28 April 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, the Board found that the applicant's DD Form 214, block 27 contains an erroneous entry. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: a. Block 27, reentry code changed to 3. 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 AR20160003219 3