1. Applicant's Name: a. Application Date: 19 July 2016 b. Date Received: 27 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he mishandled the situation in disciplining his son in the mental state he was in at that period in his life; he was just returning from his third deployment to Afghanistan. He was separated for the same misconduct that he had already served punishment for; as well as being able to return to duty. In a records review conducted at Arlington, VA on 11 October 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: 7 October 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 10 June 2013 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he did unlawfully strike Miss A.B., a child under the age of 16 years, on the face with his hand between (24 June 2012 and 26 June 2012); and he did commit aggravated assault with a means likely to cause grievous bodily harm upon a child under the age of 16 years upon Master D.M., a child under the age of 16 years, by pushing and kicking the child with his hands and feet between (25 June 2012 and 26 June 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 June 2013 (5) Administrative Separation Board: The applicant requests consideration of his case by an administrative separation board. On 3 July 2013, the separation authority referred the case to an administrative separation board. On 24 July 2013, the applicant was notified to appear before an administrative separation board and advised of his rights. On 28 August 2013, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant's discharge with issuance of a characterization of service of general, under honorable conditions. The separation authority's memorandum approving the findings and recommendations of the administrative separation board and directing the applicant's discharge is not contained in the available record and government regularity is presumed in the discharge process. (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 October 2010 / 5 years b. Age at Enlistment / Education / GT Score: 25 years / 1 years of college / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15P10, Aviation Operations Specialist / 9 years, 5 months, 2 days d. Prior Service / Characterizations: RA, 6 May 2004 to 12 December 2005 / HD RA, 13 December 2005 to 7 October 2010 / HD e. Overseas Service / Combat Service: Alaska / SWA / Iraq, 6 September 2005 to 29 August 2006 / Afghanistan x2, 9 January 2008 to 6 January 2009 and 16 March 2010 to 23 February 2011 f. Awards and Decorations: ARCOM-3, AAM-2, AGCM-2, NDSM, ACM-2CS, ICM-CS, GWOTSM, ASR, OSR-2, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation, dated 3 July 2012, revealed that the applicant was under investigation for assault x2 on a child under age of 16. General-Court-Martial, dated 20 April 2013, the applicant was found guilty aggravated assault with a means likely to cause grievous bodily harm upon a child under the age of 16 years between (25 June 2012 and 26 June 2012); and unlawfully strike Miss A.B., a child under the age of 16 years, on the face with his hand between (24 June 2012 and 26 June 2012). He was sentenced to a reduction to PFC / E-3 and confinement for 60 days. The applicant received several monthly / performance counseling statements. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application (seven pages); two DD Forms 214; sentencing worksheet (two pages); and discharge orders 254-0201 (two pages). 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 the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 requested a change to the narrative reason for separation. 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 regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he mishandled the situation in disciplining his son in the mental state he was in at that period in his life; he was just returning from his third deployment to Afghanistan. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant also contends, he was separated for the same misconduct that he had already served punishment for; as well as being able to return to duty. The unit commander notified the applicant he was initiating action to separate him for commission of a serious offense. The reasons for the commander's proposed action was that he committed a serious offense, for which the specific circumstances of the offense warrants separation and a punitive discharge is, or would be, authorized for the same or closely related offense under the Manual of Court Martial. 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 11 October 2017, 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 new Separation Order: No 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 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 AR20160012764 1