1. Applicant's Name: a. Application Date: 4 May 2016 b. Date Received: 16 May 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for his discharge. The applicant seeking relief contending, in pertinent part and in effect, his request to change the reason for his discharge to "Secretarial Authority" is based on equity. His honorable discharge was based on an approved conditional waiver of receiving no less than an honorable discharge. The applicant while serving as a paralegal specialist, was accused of leaking information to a Soldier who was under an investigation-he was then placed under investigation and charged with hindering an ongoing investigation. The applicant's chain of command made a material error of discretion by pursuing any form of punishment against the applicant-acting arbitrarily and capriciously regarding the unfounded allegations, which forced him out of the Army, despite his years of honorable service. An initial attempt to court-martial him was dropped, he instead received a GOMOR, which was an impetus for his discharge. The applicant had a stellar service record with several achievements, recognitions, and two deployments to Iraq. The applicant has since received a Bachelor's degree and is pursuing a Master of Arts degree-he holds a 3.47 GPA. He has been employed and volunteers at his church. His post-service academic, professionalism, and volunteer achievements are clear evidence of his true character and integrity. He seeks to regain and restore his honor to his exceptional military career. In a records review conducted at Arlington, VA on 14 July 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant's length and quality of his service, and his prior period of honorable service. Therefore, the board directed the issue of a new DD Form 214 changing 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 / Honorable b. Date of Discharge: 17 January 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 October 2012 (2) Basis for Separation: The applicant was informed that he should have known of his duties, but on 12 June 2012, he was derelict in the performance of his duties; in that he, willfully, failed to protect confidential information pertaining to an investigation under RCM 303, as it was his duty to do. (3) Recommended Characterization: Under Other Than Honorable Conditions, but the recommendations subsequent to the request for conditional waiver were Honorable (4) Legal Consultation Date: 31 October 2012 (5) Administrative Separation Board: 31 October 2012, applicant waived, contingent upon receiving no less than an honorable characterization of service (6) Separation Decision Date / Characterization: 6 December 2012, approved the conditional waiver request / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 March 2009 / 4 years, 3 months (extended enlistment by three months on 16 December 2009) b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-5 / 27D20, Paralegal Specialist and 12N20, Horizontal Construction Engineer / 12 years, 2 months, 24 days d. Prior Service / Characterizations: ARNG (24 October 2000 to 5 June 2001) / NA IADT (6 June 2001 to 16 August 2001) / NIF ARNG (17 August 2001 to 3 June 2002) / NA IADT (4 June 2002 to 14 August 2002 / HD ARNG (15 August 2002 to 19 May 2004) / HD RA (20 May 2004 to 26 February 2007) / HD RA (27 February 2007 to 3 March 2009) / HD e. Overseas Service / Combat Service: SWA / Iraq (16 November 2005 to 3 November 2006), (5 October 2008 to 1 October 2009) f. Awards and Decorations: ARCOM-2; AAM-2; AGCM-3; NDSM; ICM-4CS; GWOTSM; NCOPDR; HSM; ASR; OSR-2; MUC g. Performance Ratings: Three NCOERS rendered during period under current review: 1 October 2008 thru 30 September 2009, Fully Capable 8 March 2010 thru 8 March 2012, Fully Capable 9 March 2012 thru 5 August 2012, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being advised that he may receive an involuntary separation under chapter 14, paragraph 14-12c; exercising sufficient detail to attention while ensuring that the right subpoena went to the right envelope; failing to comply with guidance to completing task; failing to complete tasks; submitting pending action reports that did not comply with guidance; having pattern of poor performance; lacking attention to detail; being dismissed from a legal representative position; and command losing confidence in his judgment due to his abilities, competence, and maturity. General Officer Memorandum of Reprimand and its associated documents, dated 19 September 2012, indicates the applicant was reprimanded for failing to exhibit sound judgment, interfering with an ongoing investigation, and dereliction of duty. Report of Mental Status Evaluation, dated 5 September 2012, psychologically cleared the applicant for administrative action under AT 635-200, paragraph 14-12. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 4 May 2016; counsel-authored brief; DD Form 214; applicant-authored statement; separation authority's decision memoranda, dated, one with an illegible date and 6 December 2016; certificate of training; four copies of picture depicting coins; Austin Peay State University transcripts (illegible); and Liberty University transcript; and applicant's resume. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he has since his discharge received a Bachelor's degree and is pursuing a Master of Arts degree-he holds a 3.47 GPA. He has been employed and volunteers at his church. 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 to change the narrative reason for his discharge. The applicant's available 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 serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the discharge was unjust because his chain of command made a material error of discretion by pursuing any form of punishment against him and acting arbitrarily and capriciously regarding the unfounded allegations, which forced him out of the Army, despite his years of honorable service. 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 and his counsel-authored brief on his behalf 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and his accomplishments were or were not sufficiently mitigating to warrant a change to the narrative reason for his discharge. 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 and the reason for the applicant's discharge commensurate with his overall service record. 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 14 July 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant's length and quality of his service, and his prior period of honorable service. Therefore, the board directed the issue of a new DD Form 214 changing 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. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change 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 AR20160009479 5