1. Applicant's Name: a. Application Date: 28 July 2016 b. Date Received: 1 August 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 (under honorable conditions). The applicant seeks relief contending, in effect, he was under the impression his discharge would be changed to an honorable discharge, six months after he was discharged. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV reviewed. AHLTA indicates applicant has diagnosis of Depression. His history of depression existed prior to service. Also indicates applicant has history of EPTS drug use. JLV has diagnosed applicant with Depressive Disorder NOS. Based on the information currently available, the applicant does not have a mitigating behavioral health condition. In a records review conducted at Arlington, VA on 2 October 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 31 August 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 July 2007 (2) Basis for Separation: On 31 May2007, the New York State Police arrested the applicant for burglary in the third degree. He was read his Miranda rights and provided a statement to the New York State Police. In his statement, he admitted going to SSG P's house on 25 May 2007. He admitted taking numerous items from her house. He took a computer that was in the living room, a camera that was in the closet by the front door, a paper that had credit card information, all the X-Box games that were inside the end table, an Amp that was by the TV, and four guitars from the master bedroom. He admitted going through her house and tearing stuff up. He also stated he turned on all the knobs on the gas stove, took the casing off the thermostat, and set the thermostat too high in an attempt to catch the house on fire and destroy any evidence he might have left. He sold the guitars he took to a friend for $150 and he purchased $20 to $30 in porn on the Internet with the credit card number he took. His actions show a complete lack of Army values. His conduct is discreditable and prejudicial to good order and discipline, and violates all the acceptable standards. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Waived, 26 July 2007 (5) Administrative Separation Board: Waived, 26 July 2007 (6) Separation Decision Date / Characterization: 21 August 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 November 2006 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-4 / 89B10, Ammunitions Specialist / 4 years, 9 months, 18 days d. Prior Service / Characterizations: USAR (13 November 2002 to 21 February 2005) / HD RA (22 February 2005 to 13 November 2006) / HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statement for being recommended for a summarized Article 15 due to failing to report to work and lying to an NCO. Summarized Article 15, dated 9 March 2007, for failing to go to his appointed place of duty at the prescribed time on 26 February 2007, and making a false official statement on 26 February 2007. The punishment consisted of 14 days of extra duty and restriction. CID Report with its associated documents, dated 4 June 2007, indicates the applicant was the subject of an investigation for burglary in 3rd degree, attempted arson in 3rd degree, and identity theft in 3rd degree. Report of Mental Status Evaluation, dated 9 August 2007, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 25 July 2016. 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 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 under other than honorable conditions discharge to general (under honorable conditions). The applicant's available record of service and the issues 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 serious incidents of misconduct, the applicant knowingly risked a military career and diminished 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 misconduct, (commission of a serious offense) UP AR 635-200, paragraph 14-12c, as approved by the separation authority, will be assigned an SPD Code of JKQ and an RE Code of 3. 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 he was under the impression his discharge would be changed to an honorable discharge, six months after he was discharged. The applicant's issue about an upgrade based on the time that has elapsed since the discharge was carefully considered. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 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 October 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 code 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 AR20160013702 5