1. Applicant's Name: a. Application Date: 4 August 2016 b. Date Received: 10 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, the narrative reason for his discharge does not allow him to receive his VA benefits. He served his country honorably and proudly for a total of six years in the Army National Guard and Regular Active Duty. He never had any disciplinary issues but shown high character. He never objected to anything during his military service. In December 2003, he lost a child which hurt him deeply. He started seeing the chaplain and a psychologist. He continued serving, until it was determined that because of the hardship, he and his family were going through, he would be discharged from his military service. At the time, he did not really know how the narrative reason would affect him after his discharge. In a records review conducted at Arlington, VA on 18 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: Conscientious Objector / AR 600-43 / KCM / RE-3 / Honorable b. Date of Discharge: 24 November 2004 c. Separation Facts: (1) Date of Application for Conscientious Objector Status: On 16 June 2004, the applicant voluntarily requested classification as a Conscientious Objector 1-O (CO (1-O)) status and discharge under the provisions (UP) of AR 600-43. (2) Basis for Separation: The evidence of record presented by the applicant indicates that during his deployment, he witnessed the deaths of two friends in his platoon, and on 29 December 2004 (sic), he made a choice between the life of his unborn child and his wife, whether to induce the labor because his wife was bleeding internally, or not to induce and have his unborn child, who was not receiving oxygen, die. The hardest decision he ever made was to let his child die, which affected him and his wife deeply. Those experiences changed his entire outlook on life. He no longer had a desire or was willing to make the choice of deciding who lives or dies, and as a Soldier, you would have to make those hard decision because the country was at war. He felt life was too valuable and no one had the right to make that choice and upon determining that he was no longer capable of killing or capable of defending his fellows Soldiers, he applied for CO (1-O) status and discharge under the provisions of AR 600-43 as a conscientious objector. In accordance with Chapter 2, AR 600-43, an investigating officer was appointed to determine whether the applicant met the requirements for discharge as a CO (1-O) within the criteria of AR 600- 43. On 18 June 2004, the investigating officer found the applicant's request was sincere and recommended approving his request under the provisions of AR 600-43. (3) Recommended Characterization: The applicant's chain of command, the staff judge advocate, and investigating officer recommended approving the applicant's request. (4) Legal Consultation Date: The applicant would have consulted with a legal counsel prior to his request, but it is not part of the record. (5) Administrative Separation Board: NA (6) The Department of the Army Conscientious Objector Board (DACORB) Decision on CO (1-O) Status and Discharge, and Characterization: On 5 November 2004, the DACORB granted the applicant's request for CO (1-O) status and discharge, and instructed the applicant's command to determine the characterization of service. The record shows the characterization of his service was honorable. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 March 2003 / 3 years, 3 months (On 23 July 2003, the applicant extended his enlistment for an additional three months.) b. Age at Enlistment / Education / GT Score: 24 / Bachelor of Science Degree / 99 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y10, Unit Supply Specialist and 13B10, Cannon Crewmember / 6 years, 3 months, 12 days d. Prior Service / Characterizations: ARNG (13 August 1998 to 4 March 2003) / HD e. Overseas Service / Combat Service: Germany / NIF f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Application for Conscientious objector and approved decision packet. Discharge Orders, dated 16 November 2004 i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 4 August 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 600-43 sets forth the policy, criteria, responsibilities, and procedures to classify and process military personnel who claim conscientious objection to participation in war in any form or to the bearing of arms. An honorable or a general, under honorable conditions characterization of service may be granted. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. 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 "KCM" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 600-43, Conscientious Objector. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KCM" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record of service reflects that he was discharged pursuant to AR 600-43, Conscientious Objector with an honorable characterization of service. The record of evidence further confirms his discharge was the result of the DACORB granting his request for CO (1-O) status and discharge UP AR 600-43 by reason of his conscientious objection to participating in war in any form or to the bearing of arms, and that the characterization of his service was determined by the applicant's command as instructed by DACORB. The applicant contends his current discharge does not allow him to receive his VA benefits, although he served honorably and proudly for a total of six years. 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. Further, according to AR 600-43, paragraphs 2-2a and b, and the record of evidence, a memorandum for record, dated 27 April 2004, rendered by the applicant at the time of his CO (1-O) application, reflects that he acknowledged being advised of the provisions of 38 USC § 3103 concerning his possible non-entitlement to benefits administered by the Veterans Administration (VA) upon his discharge from the military service as a conscientious objector, and that a discharge as a conscientious objector, who refused to perform military duty, wear the uniform, or otherwise comply with lawful orders of competent military authority, would bar all his rights under the laws administered by the VA. The applicant signed and dated his statement to that effect, and it was made part of his approved conscientious objector (O-1) status and discharge case record. The applicant requested to change the narrative reason for his discharge to a hardship separation because in December 2003, he lost a child which hurt him deeply and he started seeing a chaplain and a psychologist. However, consultation and interviews with a chaplain and a behavioral health provider are conducted in accordance with paragraphs 2-2e and 2-3a and b, AR 600-43, and their reports are made part of the CO process and case record. Further, the applicant was separated under the provisions of AR 600-43 with an honorable discharge pursuant to the DACORB granting his request for classification and discharge as a CO (1-O). The narrative reason specified by Army Regulations for a discharge under this paragraph is "Conscientious Objector," and the separation code is "KCM." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 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 18 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 AR20160014445 4