1. Applicant's Name: a. Application Date: 23 November 2015 b. Date Received: 25 March 2016 c. Counsel: 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 did not submit any issues of equity or propriety to be considered by the Board. Per the Board's Medical Officer, based on the information available for review at the time, the applicant does not have a mitigating Behavioral Health disorder for the offenses leading to his discharge from the Army. JLV indicates the applicant is not known to the VA. In a personal appearance hearing conducted at Arlington, VA on 24 July 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, his personal testimony, the arbitrary and capricious actions of the command (testimony and character statements about 1SG targeting Soldiers for separation), the circumstances surrounding his discharge (i.e. severely developmentally challenged son), and his post-service accomplishments (i.e. steady employment and two educational achievements to qualify for employment) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 20 June 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 13 April 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he assaulted E.A. (4 December 2011); and he failed to report to he appointed places of duty on (10 February 2011 and 11 February 2012). (3) Recommended Characterization: General, (Under Honorable Conditions) (4) Legal Consultation Date: 24 April 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General, (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 December 2010 / 6 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 3 years, 2 months, 20 days d. Prior Service / Characterizations: RA, 31 March 2009 to 15 December 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq, 5 November 2010 to 5 November 2011 f. Awards and Decorations: AAM-2, NDSM, ICM-CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 9 February 2012, for unlawfully grabbing E.A., on divers occasions causing bruising on both arms (4 December 2011); reduction to PV2 / E-2, forfeiture of $835 pay for two months (suspended), extra duty for 45 days and restriction for 45 days (suspended). On 8 March 2012, the suspension of punishment of forfeiture of $835 pay for two months and restriction for 45 days was vacated for the new offense of without authority, failing to go at the time prescribed to his appointed place of duty (10 February 2012). He received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); the applicant states in his application a brief was attached; however, a brief was not attached. Therefore, he did not submit any issues for the Board's consideration. 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. 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 misconduct (serious offense), the applicant diminished the quality of his 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 he should have been retained on Active Duty. The applicant did not submit any issues of equity or propriety to be considered by the Board. 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 document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Character references - 4 pages Written sworn statement - 3 pages b. The applicant presented the following additional contention(s): (The counsel and/or applicant did not list additional issues on the data sheet form) c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 24 July 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, his personal testimony, the arbitrary and capricious actions of the command (testimony and character statements about 1SG targeting Soldiers for separation), the circumstances surrounding his discharge (i.e. severely developmentally challenged son), and his post-service accomplishments (i.e. steady employment and two educational achievements to qualify for employment) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore 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 AR20160006540 3