1. Applicant's Name: a. Application Date: 29 June 2016 b. Date Received: 5 July 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. The applicant seeks relief contending, in effect, his discharge was inequitable because it was based on an isolated incident in his 19 months of service with no other adverse action. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV reviewed. AHLTA contains one Behavioral Health note which is his command directed Mental Status Eval for chapter 14 separation. This note indicates that applicant screened negative for TBI and PTSD. No diagnosis was given. AHLTA also contains an ASAP note wherein applicant self-referred to ASAP for help with drinking. JLV indicates applicant is 50% service connected for Major Depressive Disorder, recurrent, moderate. JLV has also diagnosed him with Alcohol Abuse with Alcohol Induced Mood Disorder. Based on the currently available information, the applicant does not have a mitigating Behavioral Health condition for the offenses leading to his discharge from the Army. 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, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c b. block 26, separation code changed to JKQ c. block 27, reentry code changed to 3 d. block 28, narrative reason for separation changed to Misconduct (Serious Offense) (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Desertion) / AR 635-200, Paragraph 14-12c(1) / JKF / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 29 February 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 January 2016 (2) Basis for Separation: The applicant absented himself from his unit located at Joint Base Lewis-McChord, WA, and remained so absent until 25 August 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 February 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 February 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 July 2014 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13F10, Fire Support Specialist / 1 year, 6 months, 1 day d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM; NDSM; GWOTSM; KDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to meet the APFT Army standards; being absent without leave; pending separation under the provisions of AR 635-200, paragraph 14-12c; and being flagged. FG Article 15, dated 14 December 2015, for absenting himself from his unit without authority on 16 July 2015, and remained absent until 25 August 2015. The punishment consisted of a reduction to E-1, forfeiture of $773 per month for two months (suspended), 45 days of extra duty and restriction, and a written reprimand. Report of Mental Status Evaluation, dated 31 December 2015, cleared the applicant from a psychological perspective for administrative processing according to AR 635-200. i. Lost Time / Mode of Return: 40 days (AWOL: 16 July 2015 to 24 August 2015) / The applicant returned to his unit. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 29 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 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. After carefully reviewing the application, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(1), block 26 separation code as "JKF," block 27 reentry code as "4," and block 28, narrative reason for separation as "Misconduct (Desertion)." The service record requires the following administrative corrections, as approved by the separation authority: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; c. block 27, reentry code to 3; and d. block 28, reason for separation to Misconduct (Serious Offense). 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 incident of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. 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 contends the incident that caused his discharge was the only one in his 19 months of service with no other adverse action. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c b. block 26, separation code changed to JKQ c. block 27, reentry code changed to 3 d. block 28, narrative reason for separation changed to Misconduct (Serious Offense) 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD/RE Code to: Change SPD to JKQ / Change to RE code to 3 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 AR20160012657 3