1. Applicant's Name: a. Application Date: 29 February 2016 b. Date Received: 7 March 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he was wrongfully discharged after being punished for said allegations that were dropped by the victim. He was informed of chapter proceedings two weeks prior to departing for his new duty station. He did not receive fair treatment and feel his release from the military was not handled in the correct manner. He was not charged or punished and no criminal charges was brought against him in the matter. He received no notification he would be chaptered from the military. He desires to reenter the military. In a records review conducted at Arlington, VA on 21 June 2016, 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: 19 August 2015 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 21 July 2015 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he stole a bottle of Absolute Vodka from the With Me convenient store (13 February 2015); he failed to escort around the visitors he brought on post (2 March 2015); and he failed to report to accountability formation (9 May 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 July 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 August 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2013 / 3 years, 27 weeks b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25Q10, Multichannel Transmission Systems Operator / Maintainer / 1 year, 7 months, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 1 April 2015, for violating a lawful general regulation, by wrongfully not escorting his visitors while on post (2 March 2015); extra duty and restriction for 14 days and an oral reprimand or admonition. CG Article 15 dated, 17 June 2015, for stealing a bottle of Absolute Vodka, of a value of $33, the property of With Me convenient store (13 February 2015); reduction to PV2 / E-2, forfeiture of $404 pay and an oral reprimand. Report of Mental Status Evaluation, dated 18 June 2015, revealed the applicant met retention standards in accordance with AR 40-501. He was responsible for his behavior, could distinguish right and wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. He was cleared from a psychological standpoint, therefore he is cleared for any administrative action as Command deems necessary. See AHLTA records for medical conditions. A counseling statement, dated 4 August 2015, informed the applicant the flags would be removed to facilitate him clearing post. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); private settlement-general release; 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, 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 military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the documented pattern of misconduct, the applicant diminished the quality of her service below that meriting an honorable discharge at the time of separation. 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 she should have been retained on Active Duty. The applicant seeks relief contending, he was wrongfully discharged after being punished for said allegations that were dropped by the victim; and he was informed of chapter proceedings two weeks prior to departing for his new duty station. 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 applicant further contends, he did not receive fair treatment and feel his release from the military was not handled in the correct manner. 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 contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. In fact, the applicant's two Articles 15 and a negative counseling statement justify a pattern of misconduct. The applicant also contends, he was not charged or punished and no criminal charges was brought against him in the matter. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when action is taken that is tantamount to a finding of guilty, if a punitive discharge is authorized for the same or a closely related offense under the Manual for Courts Martial. The applicant additionally contends, he received no notification he would be chaptered from the military. The record of evidence shows that on 21 July 2015, the applicant acknowledged receipt of the foregoing notice from his commander that informed him of the basis for the contemplated action to separate him under AR 635-200, Chapter 14-12b, and of the rights available to him. The applicant desires to reenter the military. 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 was no basis 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 21 June 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160005632 4