1. Applicant's Name: a. Application Date: 22 May 2016 b. Date Received: 24 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, a narrative reason change would dispel any ambiguity between the characterization of his service and the narrative reason for his discharge. Additionally, the change would allow him the potential for reinstatement eligibility as a commissioned officer in the Armed Forces and would entitle him to benefits for his one year and three months of continuous active duty. He states, any discharge characterization of honorable, yet supported by the narrative reason of unacceptable conduct presents ambiguity, which not only reflects on the service member, but on the adjudicating organization. The applicant suggests alternate narrative reasons and requests the Board consider one of them as an appropriate reason for his discharge. The applicant is grateful for receiving an honorable discharge, however, he believes his current separation code and narrative reason are excessively harsh considering the circumstances, which led to his discharge, were non-punitive administrative proceedings. Due to the rapid nature of the proceedings, he was not afforded the opportunity to prove himself and demonstrate the value to the institution. He believes amending the narrative reason will convey a more objective clarity and will allow him the opportunity to reintegrate back into the Armed Forces and prove himself a good steward of the profession. He states that he has demonstrated a natural aptitude and desire to serve in the profession of arms, which are supported by his pre-commissioning civilian and military performance evaluations, character references and letters of recommendations. During the separation process, he continued to serve honorably and did not falter in his duties and responsibilities. In a records review conducted at Arlington, VA on 9 August 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2B / JNC / NA / Honorable b. Date of Discharge: 22 January 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 June 2015 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provisions of AR 600-8-24, paragraphs 4-2b for misconduct, moral, or professional dereliction, conduct unbecoming of an officer and for receiving adverse information filed in his Army Military Human Resource Record in accordance with AR 600-37, due to the following reasons: On 3 January 2015, he was arrested for driving under the influence of alcohol with a BAC of 0.083%. He exercised extremely poor judgment and drove while under the influence of alcohol at a speed of 87 MPH in a 65 MPH speed zone, resulting in a General Officer Memorandum of Reprimand, dated 12 February 2015. After the Officer informed him of the Missouri Implied Consent Law, he was issued a citation for operating a motor vehicle while in an intoxicated condition. Conduct unbecoming an officer, AR 600-8-24 para 4-2b(8), specifically his conduct on 3 January 2015, which is detailed above. Substantiated derogatory information filed in his Army Military Human Resource Record (AMHRR), namely the GOMOR, dated 12 February 2015, that was permanently filed in his OMPF, AR 600-37 para 3-4b. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) GCMCA Recommendation Date / Characterization: On 11 September 2015, the GCMCA recommended disapproval of the applicant's request for retention and recommend that he be involuntarily eliminated from service / General (Under Honorable Conditions) (6) DA Ad Hoc Review Board: 22 December 2014 / Honorable 4. SERVICE DETAILS: a. Date / Period of Appointment: 17 May 2014 / Indefinite b. Age at Appointment / Education / GT Score: 24 / Bachelor's Degree / NA c. Highest Grade Achieved / MOS / Total Service: O1 / 31A, Military Police / 1 year, 8 months, 9 days d. Prior Service / Characterizations: USAR, 17 May 2014 - 25 October 2014 / NIF e. Overseas Service / Combat Service: NA f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Missouri State Highway Patrol, Uniform Citation, dated 3 January 2015, reflects the applicant committed the following offenses: Exceeded posted speed limit (exceeded by 20 - 25 miles per hour); and, DWI - Alcohol. General Officer Memorandum of Reprimand (GOMOR), dated 12 February 2015, reflects the applicant was reprimanded for driving while under the influence of alcohol on 3 January 2015. The applicant was subsequently arrested and had a blood alcohol content of .083 percent. The applicant was stopped by the Missouri State Highway Patrol after he was observed driving 87 MPH in a 65 MPH speed zone. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 16 October 2015, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Alcohol Dependence in Early Partial Remission (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 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. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "JNC" as the appropriate code to assign commissioned officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 8. DISCUSSION OF FACT(S): The applicant requests a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant contends the narrative reason for the discharge should be changed in order to convey a more objective clarity which will allow him the opportunity to reintegrate back into the Armed Forces and prove himself a good steward of the profession. However, the applicant was separated under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24 with a honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC." 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. Further, the Board does not grant relief for the purpose rejoining the Armed Forces, therefore, there is no basis upon which to grant a change to the reason. The applicant should contact a local recruiter to determine his eligibility to rejoin the Armed Forces. Recruiters can best advise a former service members as to the needs of the Army at the time, and are required to process waivers, if appropriate. The applicant contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant has expressed his desire to receive veteran's benefits. However, the eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good performance while serving in the Army; however, the third party statements were considered by the separating authority at the time of the applicant's separation proceeding. A more recent statement reflects that the applicant would be an invaluable asset to the Army and that the DWI charge was dropped and that he received no criminal conviction. The previous statements, most likely, were mitigating factors that resulted in the applicant receiving an honorable discharge against his command's recommendations; and, the separation authority decision was made at the time of the separation proceedings that the DWI charge had been dropped. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 9 August 2016, 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160009887 1