1. Applicant's Name: a. Application Date: 12 February 2016 b. Date Received: 16 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 a change to his narrative reason for separation. The applicant seeks relief contending, in effect, he would like an upgrade for the purpose of being able to reenlist. He contends he could have been a more productive Soldier if he had attended the Alcohol Substance Abuse Program; however, at the time of discharge, he was young and misguided by his own lust for fun and was not completely ready to devote himself to the United States Army. He contends he did sign up for the program until sometime around December 2010 and before he could attend his first session, he was told that he would be chaptered out. He believes that because the military was downsizing, he was discharged. The applicant states that he has now been properly punished, he has had time to reflect on himself and his past actions, he is completely competent, reliable, and better than ever as a sober citizen to restart his career in the United States Army and repay his debt in duty and honor to his country. In a records review conducted at Arlington, VA on 21 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 April 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 March 2011 (2) Basis for Separation: The applicant violated a lawful general regulation, to wit: paragraph 7(a), III Corps and Fort Hood Regulation 210-65, dated 15 April 2000, by wrongfully drinking underage (30 September 2010 and 26 February 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 March 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 September 2009 / 4 years b. Age at Enlistment / Education / GT Score: 19 / GED / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 68W10, Health Care Specialist / 1 year, 6 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Record of Proceedings Under Article 15, UCMJ, dated 14 January 2011, for violating a lawful general regulation, to wit: paragraph 7(a), III Corps and Fort Hood Regulation 210-65, dated 15 April 2000, by wrongfully drinking under age 21 (30 September 2010). The punishment consisted of 7 days extra duty and restriction. CG Article 15, dated 6 March 2011, for violating a lawful general order, to wit: III Corps & Fort Hood Regulation 210-65, dated 1 May 1995, by wrongfully drinking underage (26 February 2011). The punishment consisted of reduction to E-2, forfeiture of $383 pay per month (suspended), and 14 days extra duty and restriction. An Arrest/Incident/Investigation Report, dated 25 November 2010, which shows the applicant was the subject of an investigation for a hit and run accident and being found intoxicated in a parked vehicle. Report of Mental Status Evaluation, dated 3 December 2010, reflects the applicant was mentally responsible, able to distinguish right from wrong and adhere to the right, and had the mental capacity to understand and participate in any administrative (or judicial) action deemed appropriate by his command. i. Lost Time / Mode of Return: 6 days (Confinement civilian authority, 25 November 2010 to 30 November 2010) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a self-authored statement. 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, 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 and a change to his narrative reason for separation, The applicant's record of service, the documents and the issues submitted with the application were carefully reviewed. The record confirms 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 appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for a pattern of misconduct is "JKA" and the RE code is 3. The regulation further stipulates no deviation is authorized. 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 could have been a more productive Soldier if he had attended the alcohol substance abuse program. At the time of discharge he was young and misguided by his own lust for fun and was not completely ready to devote himself to the United States Army. He contends he did sign up for the Alcohol Substance Abuse Program sometime around December 2010 and before he could attend his first session, he was told that he would be chaptered out. He believes that because the military was downsizing, he was discharged. The applicant's contentions were noted; however, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states, the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. After reviewing the applicant's discharge packet, it appears the separation authority properly waived the rehabilitative requirements. Moreover, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by the imposition of non-judicial punishment. The applicant failed to respond appropriately; therefore, separation action was initiated. Although, the applicant claims he enrolled in the Alcohol Substance Abuse Program sometime around December 2010 prior to his discharge, the service record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant. The applicant contends he was young and misguided at the time of discharge. 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 applicant expressed his desire for an upgrade for the purpose of being able to reenlist. He believes he has now been properly punished and has had time to reflect on himself and his past actions. He believes he is completely competent, reliable, and better than ever as a sober citizen to restart his career in the United States Army and repay his debt in duty and honor to his country. The applicant's desire for reenlistment is noted; 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 narrative 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 record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. It should also be noted that, by regulation, a under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of a pattern of misconduct. It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 21 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 AR20160004206 4