1. Applicant's Name: a. Application Date: 24 May 2016 b. Date Received: 31 May 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 and a change to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of being able to be a police officer again. He contends his early separation was unjust and inequitable. He believes he was discharged on heresay with no evidence or facts of wrongdoing. He and his spouse at the time were going through separation processes due to differences and problems and she went to his new command team and made up lies to get him discharged. There was never a police or hospital report or anything along those lines; his command team did not give him a chance to explain or say that these were lies they just took her word for it and requested his separation. He contends he went to his TDS office and they advised him due to no reports or evidence of any kind that he would be in the clear and with his flawless and respectable military career he would not get into any kind of trouble due to no evidence being presented except here say. He was advised that he was not entitled to a separation board due to not being on active duty status for 6 years or more and that it would be up to his brigade commander to have the final word. However, without a proof he was discharged without any help from his command team. He believes he did not deserve to be separated with his current characterization of service and given a RE Code of 3. His record shows he received early promotion waivers, certificates and counseling from his first line supervisors which show he was a good Soldier. In a records review conducted at Arlington, VA on 2 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 January 2015 (2) Basis for Separation: The applicant was informed of the following reasons: unlawfully pulling the hair and unlawfully slamming the head of his wife PFC D.C., against the floor on 24 October 2014; and Being disorderly by displacing and throwing the dog of his wife out of his residence against her wishes and then locked his wife out of the residence which was prejudicial to good order and discipline in the Armed Forces on 24 October 2014 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 January 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 February 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 July 2012 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13D10, Field Artillery Automation / 2 years, 8 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; certificate for award of the AAM; letter of recommendation; personnel actions for promotion to E-3 and E-4; developmental counseling forms reference professional growth; certificate of training; and partial college transcript. 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, 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 and a change to his reentry eligibility (RE) code. 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. 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 appropriate SPD code and reason to assign enlisted Soldiers who are discharged for misconduct (serious offense) is "JKQ" and the RE code is 3. The regulation further stipulates that no deviation is authorized. The applicant contends his early separation was unjust and inequitable. He believes he was discharged on hearsay with no evidence or facts of wrongdoing. There was never a police or hospital report or anything along those lines; his command team did not give him a chance to explain or say that these were lies they just took her word for it and requested his separation. The applicant contentions were noted; 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was unjust and inequitable. The applicant's statements alone does not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The applicant expressed his desire for an upgrade of his discharge for the purpose of seeking employment to be a police officer again. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 of the applicant's discharge is 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 2 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 AR20160010176 4