1. Applicant's Name: a. Application Date: 1 February 2016 b. Date Received: 4 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. The applicant seeks relief contending, in effect, he was discharged because of larceny, but he was never convicted of the crime. The situation, which involved two other guys, happened the day before his training graduation at the Post Exchange (PX). He went through a whole process of pleading his innocence, but the only thing he received was a discharge. The applicant states that one of the Soldiers later told him that he placed the items in his bag. Later, the same Soldier went AWOL. The applicant further states that he wanted to prolong the case, but after being held several months, he decided to go home to finish college. Since his discharge, the applicant graduated from college and recently got married. He is currently waiting to start his Master's degree in Criminal Law and join the ROTC Program, possibly reentering the military. In a records review conducted at Arlington, VA on 7 April 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 8 January 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 December 2012 (2) Basis for Separation: On or about 7 November 2012, the applicant conspired along with PFC O and PFC B, to commit an offense under the Uniform Code of Military Justice, to wit: larceny of one Backpack, one Dec Rev Vest Astd, one Slim Fit Straight Leg Jean, one Basketball Short TM1355 ASST COLO, one Big Student Navy, one Levis 514 Slim Straight Rigd 32 34, UPC #03930715107, one Charge Sync Cable Apple Blk, one Levis Color Blocked Cuff Bea, one Dawn Patrol Hoodie: Black: SMA, one Double Stitch Trifold Black, of a value of $305.36, the property of AAFES. In order to effect the object of the conspiracy the applicant, PFC O and PFC Brown, did conceal the items in a backpack and exited the store without rendering proper payment. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 December 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 January 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 August 2012 / IADT, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 1 year, 11 months, 6 days d. Prior Service / Characterizations: ARNG, 10 November 2010 to 15 August 2012 / NA IADT, 16 August 2012 - 8 November 2012 / HD (concurrent service with the period under review) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 28 November 2012, for larceny of AAFES property described in preceding paragraph 3c(2) (7 November 2012). The punishment consisted of a reduction to E-1; forfeiture of $745 pay; and, extra duty and restriction for 7 days. Military Police Desk Blotter, dated, 7 November 2012, reflects the applicant was apprehended for larceny of AAFES property and conspiracy (on post). Report of Mental Status Evaluation, dated 17 December 2012, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Several Developmental Counseling Forms for failing to adhere to Army Values and apprehension for shoplifting; Larceny of Government property and Conspiracy; and, initiation of Flag. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned his Bachelor's Degree, is pursuing his Master's degree, and was recently married. 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 general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with 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 be retained on active duty. The applicant contends the discharge was unjust because he was never convicted of a crime of larceny, which served as the basis of his discharge. However, 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 issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated. In fact, the applicant's Article 15 and numerous negative counseling statements support his misconduct. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The applicant desires 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 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 third party statement provided with the application spoke highly of the applicant's performance. The author recognized his good conduct after leaving the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, this statement does not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 7 April 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 AR20160003362 3