1. Applicant's Name: a. Application Date: 23 June 2016 b. Date Received: 1 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general. The applicant seeks relief contending, in pertinent part and in effect, while caringly serving in the US Army, he had a rough period in life following a divorce. He was a young Soldier who accomplished more than he thought he could, and the only issue in his life was not being a good Soldier and not finishing his second term of enlistment. It was a growing experience while going through a divorce, promotion, and his first child at a young age. He would prefer having the full honors of what a veteran feels. In a records review conducted at Arlington, VA on 13 September 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. (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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 5 July 2001 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 January 2001 (2) Basis for Separation: The applicant was informed of the following reasons: He received a FG Article 15 on 4 December 2000, for failing to report to his appointed place of duty on five separate occasions, being charged with assault and battery, wrongfully communicating a threat, and making a false official statement. He also received a FG Article 15 on 4 January 2001, for wrongfully using marijuana. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 25 April 2001 (5) Administrative Separation Board: Unconditionally waived, 25 April 2001 (6) Separation Decision Date / Characterization: Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 June 1998 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 93 c. Highest Grade Achieved / MOS / Total Service: E-5 / 55B10, Ammunition Specialist / 4 years, 7 months, 28 days d. Prior Service / Characterizations: RA (8 November 1996 to 10 June 1998) / HD e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: AGCM; NCOPDR; ASR; OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on numerous occasions; responsibility of securing his ID card; failing to be in proper uniform; and failing to maintain AR 670-1 standards. FG Article 15, dated 4 December 2000, for failing to go to his appointed place of duty at the prescribed time on five separate occasions on 17 August 2000, 19 August 2000, 5 September 2000, 22 September 2000, and 15 November 2000; unlawfully choking Ms. K-Y on 31 August 2000; wrongfully communicating a threat on 31 August 2000; and making a false official statement on 22 September 2000. The punishment consisted of a reduction to E -4, forfeiture of $723 pay per month for one month (suspended), and 45 days of extra duty. Record of Supplementary Action Under Article 15, UCMJ, dated 15 December 2000, vacated the suspended punishment of forfeiture of $723 pay per month for one month imposed on 4 December 2000, due to the applicant wrongfully using marijuana between 28 October 2000 and 27 November 2000, in violation of Article 112a, UCMJ, and failing to go to his appointed place of duty at the prescribed time on 6 December 2000, in violation of Article 86, UCMJ. FG Article 15, dated 8 January 2001, for wrongfully using marijuana between 28 October 2000 and 27 November 2000. The punishment consisted of a reduction to E-1 and forfeiture of $502 pay per month for one month. CID Report of Investigation with an Incident Report, dated 15 March 2001, indicates the applicant was the subject of an investigation for possible narcotics violation and wrongful use or possession controlled substance. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Forms 149 and 293 (Application for the Correction of Military Record and Application for the Review of Discharge, respectively), dated 23 June 2016, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 14-12b 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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. The applicant's available record of service, and the issues and document 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 military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service. The service record further confirms that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. Soldiers processed for separation due to pattern of misconduct, UP AR 635-200, paragraph 14-12b, as approved by the separation authority, will be assigned an SPD Code of JKA and an RE Code of 3. 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 contends that he was having family issues, such as a divorce, that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he was young at the time of the discharge and grew from the experience. However, the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends he would prefer having the full honors of what a veteran feels, perhaps a desire for veterans' benefits. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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 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 13 September 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214/: Yes 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 to SPD / Change RE to 3. 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 AR20160012474 3