1. Applicant’s Name: a. Application Date: 3 January 2016 b. Date Received: 1 March 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for his discharge. The applicant seeks relief contending, in effect, the reason for his separation was not equitable. Specifically, insufficient consideration was given to mitigating facts, i.e., personality differences with supervisors, and to the total record, such as the last Officer Evaluation Report was not taken into consideration. In a personal appearance hearing conducted at Arlington, VA on 17 October 2016, and by a 3-2 vote, the Board determined the narrative reason for the applicant’s separation is now inequitable based on the applicant’s post service accomplishments. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant’s discharge to Miscellaneous/General Reasons, with a corresponding SPD Code of LND. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Substandard Performance / AR 600-8-24, Paragraph 4-2a / JHK / NA / Honorable b. Date of Discharge: 4 January 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 May 2012 (2) Basis for Separation: Pursuant to AR 600-8-24, Chapter 4, paragraph 4-2a, due to substandard performance, the applicant was directed to show cause for retention in the Army based on the following: termination from the Clinical Psychology Internship Program; persistent lapses in professionalism when dealing with supervisors and peers; persistent failures to adhere to supervisory instructions; and documented failures to provide adequate and appropriate patient care. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: On or about 16 July 2012 (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 3 December 2012 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 June 2010 / Appointment and ordered to active duty for 1491 days (ETS: 13 July 2014) (DD Form has 10 June 2010; however, basis NIF) b. Age at Enlistment / Education / GT Score: 34 / Master of Divinity / NA c. Highest Grade Achieved / MOS / Total Service: O-3 / 67D 9D, Behavioral Sciences / 4 years, 10 months, 14 days d. Prior Service / Characterizations: USAR (21 February 2008 – 13 June 2010) / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: Three OERs, as follows: 21 September 2010 – 20 September 2011, Unsatisfactory Performance, Do Not Promote 21 September 2011 – 24 October 2011, Unsatisfactory Performance, Do Not Promote 25 October 2011 – 4 January 2013, Outstanding Performance, Must Promoted h. Disciplinary Action(s) / Evidentiary Record: DA Directed Elimination Action packet i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application with self-authored transmittal statement; memorandum, dated 16 July 2012, subject; Rebuttal of Elimination from Active Duty, [the applicant]; and OER with ending period 24 October 2012. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. AR 600-8-24, paragraph 1-22a, provides that an officer will normally receive an honorable characterization of service when the quality of the officer’s service has met the standards of acceptable conduct and performance of duty. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. A general under honorable conditions characterization of service will normally be issued to an officer when the officer’s military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A separation under honorable conditions will normally be appropriate when an officer submits an unqualified resignation or a request for relief from active duty under circumstances involving misconduct which renders the officer unsuitable for further service, unless an under other than honorable conditions separation is appropriate. 8. DISCUSSION OF FACT(S): The applicant requests to change the narrative reason for his discharge. The applicant’s record of service, and the issues and documents submitted with his 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant’s contentions about his discharge being inequitable, because insufficient consideration was given to mitigating facts and his total record of service was not taken into consideration, were carefully considered. However, there is also 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request to change the narrative reason for his discharge. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 4, paragraph 4-a, AR 600-8-24, with an honorable discharge as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Substandard Performance," and the separation code is "JHK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: Resumé – 5 pages Character letter, dated 2 July 2012 – 1 page b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 17 October 2016, and by a 3-2 vote, the Board determined the narrative reason for the applicant’s separation is now inequitable based on the applicant’s post service accomplishments. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant’s discharge to Miscellaneous/General Reasons, with a corresponding SPD Code of LND. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: NA c. Change Reason to: Miscellaneous/General Reasons d. Change SPD / RE Code to: SPD Code to LND / NA e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160005345 4