1. Applicant's Name: a. Application Date: 3 March 2016 b. Date Received: 7 March 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 pertinent part and in effect, while deployed and upon finding his spouse having an affair, he asked her to move out and for a divorce. Upon returning from deployment, while he was out with some friends, his spouse showed up and tried to fight him. She called the police, accusing him of attacking her. While awaiting legal actions, he was flagged and separation proceedings were initiated. He was informed that as long as he was acquitted of the charges, he would be fine. Subsequently, he was found not guilty. He brought the court documents to the first sergeant, but he was informed the separation proceedings were already in the process and forwarded. He then asked for an Administrative Separation Board but was told because of the Army was downsizing that he should take a General, (Under Honorable Conditions) discharge. Soon thereafter, he was discharged. In a records review conducted at Arlington, VA on 17 May 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 28 August 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 October 2014 (2) Basis for Separation: The applicant was informed of the following reasons: assaulted Ms. L. by choking her with his hands (16 April 2011); operated his vehicle while drunk with a blood alcohol test that revealed his blood ethanol content was 0.116 (17 August 2012); and, he was in the Golden Que, an establishment designated as an off-limits establishment (1 June 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 December 2014 (5) Administrative Separation Board: 6 May 2015, the board recommended General (Under Honorable Conditions) discharge (Note: The conditional waiver request, dated 1 December 2014, contingent upon receiving an eight-month suspension of a General (Under Honorable Conditions) discharge was disapproved on 19 February 2015.) (6) Separation Decision Date / Characterization: 30 June 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 October 2009 / 6 years (NIF), 4 months (The applicant extended his enlistment by four months on 19 August 2014.) b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25Q20, Multichannel transmission Systems Operator/Maintainer / 8 years, 4 months, 1 day d. Prior Service / Characterizations: RA, 23 April 2007 to 25 October 2009 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (19 July 2008 to 3 October 2009), Afghanistan (9 June 2011 to 20 December 2011), Kuwait (7 October 2013 to 1 July 2014) f. Awards and Decorations: ARCOM-2, AAM-4, AGCM-2, NDSM, ICM-CS, GWOTEM, GWOTSM, NCOPDR, ASR, OSR-2, NATOMDL g. Performance Ratings: 1 December 2010 thru 30 November 2011, Among the Best 1 December 2011 thru 13 August 2012, RFC, Marginal 1 May 2014 thru 30 March 2015, Among the Best 31 March 2015 thru 17 August 2015, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statement for discussion of the imposed conditions given to him by his commander. FG Article 15, dated 15 August 2012, for violating a lawful general order (1 June 2012). The punishment consisted of a reduction to E-4, forfeiture of $1,133 pay per month for two months, and 45 days of extra duty. Two DA Forms 4187, dated 3 September 2014, indicates the applicant's duty status changed from "PDY" to "CCA," effective 28 August 2014 from "CCA" to "PDY," effective 2 September 2014. General Officer Memorandum of Reprimand, dated 4 March 2015, for drunken operation of a vehicle, and driving without a driver's license in his possession. Administrative Separation Board proceedings and its associated documents, dated 30 June 2015, summarizes the proceedings and reports the findings and recommendations. i. Lost Time / Mode of Return: 6 days (Civilian Confinement, 28 August 2014 to 2 September 2014) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form; case separation file, with administrative board proceedings and its associated documents; Colorado Springs Police Department case report, dated 24 August 2014; Two Colorado Springs Police Department reports, dated 31 May 2011 and10 December 2012; FG Article 15, dated 15 August 2012; counseling statement, dated 3 June 2012, with sworn statement and list of off limits areas and establishments; FLAG action notice, dated 4 June 2012; Reports of Medical Examination, Assessment, and History; Patient Lab Report, Hearing Data, and Lab Inquiry (19 September 2014); Report of Mental Status Evaluation, dated 7 October 2014; Enlistment Document, dated 13 April 2007; FLAG action, dated 8 October 2014; and Filing a Claim for Hail Damage sheet with DD Form 1842 (Claim for Loss of or Damage to Personal Property Incident to Service). 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, paragraph 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. The applicant's record of service, and the issues and documents 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. By the incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. 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 the discharge was unjust because he was acquitted of the charges involving his spouse. 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 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 for an upgrade of the discharge. Moreover, the evidence of the record shows that the incident the applicant referred to, was not one of the bases or findings, upon which the administrative separation board made a recommendation for a general (under honorable conditions) 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 17 May 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 AR20160005407 4