1. Applicant's Name: a. Application Date: 19 August 2016 b. Date Received: 24 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade his under other than honorable conditions discharge to honorable and to change the narrative reason for his discharge. The applicant states, in pertinent part and in effect, he had returned from Afghanistan and was under severe stress. (The applicant provided a detailed account of circumstances surrounding the events that led to his discharge.) The applicant asserts that although he cannot prove his discharge was inequitable or improper, he had no prior history of misconduct as he had served a full term with an honorable discharge. Since his discharge, he has not been able to obtain satisfactory employment. In a personal appearance hearing conducted at Arlington, VA on 12 June 2017, and by a 5-0 vote, the Board determined the characterization of service is inequitable. The Board found the overall length and quality of the applicant's service, including his combat service, prior period of honorable service, the circumstances surrounding his discharge (i.e. severe family matters, childhood traumas, failed marriage, spouse abandoning him and taking their son, and homelessness), his post-service accomplishments (i.e. being a Habitat for Humanity volunteer, having a commercial diving license), and his compelling testimony mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-4/SPC. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 4 February 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 October 2012 (2) Basis for Separation: The applicant was informed of the following reasons: willfully failing to appear in court as ordered to do so by a North Carolina magistrate on 13 June 2012; willfully disobeying a lawful command issued by CPT M to have no contact with his wife, Ms. L.G. on divers occasions between 18 June 2012 and 22 June 2012; carelessly and heedlessly in willful and wanton disregard of the rights and safety of others, violating North Carolina General Statue (NCGS), by unlawfully operating a motor vehicle on a street or highway at a speed of 91 MPH in a 55 MPH zone in violation of NCGS 20-141j(1) on 1 July 2012; without authority absenting himself from his unit on 22 June 2012, and remaining absent until 17 July 2012; and being convicted of contributing to the delinquency of a minor, in violation of NCGS 14-316.1. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 30 October 2012 (5) Administrative Separation Board: Unconditionally waived, 30 October 2012 (6) Separation Decision Date / Characterization: 7 December 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 January 2012 / 5 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 80 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B1P, Combat Engineer / 3 years, 7 months, 16 days d. Prior Service / Characterizations: RA (1 May 2009 to 16 January 2012) / HD e. Overseas Service / Combat Service: SWA / Afghanistan (28 June 2010 to 17 June 2011) f. Awards and Decorations: AAM; NDSM; ACM-CS; GWOTSM; NCOPDR; ASR; OSR; NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: There is no record of any negative counseling statement or action under the UCMJ. i. Lost Time / Mode of Return: 49 days (AWOL: 22 June 2012 to 9 August 2012) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 19 August 2016, with a self-authored statement; and DD Form 214. Additional Evidence: Three character reference/supporting statements, dated 28, 29 May, and 1 June 2017; seven certificates of training completions; five additional certificates of completions; two certificates identification cards; and academic progress transcript. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): 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 to upgrade his under other than honorable conditions discharge to honorable and 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 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 misconduct incidents, the applicant knowingly risked a military career and marred the quality of his service. 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. In consideration of the applicant's service accomplishments and quality of his service prior to these incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The applicant contends that since his discharge, he has been unable to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 12 June 2017, and by a 5-0 vote, the Board determined the characterization of service is inequitable. The Board found the overall length and quality of the applicant's service, including his combat service, prior period of honorable service, the circumstances surrounding his discharge (i.e. severe family matters, childhood traumas, failed marriage, spouse abandoning him and taking their son, and homelessness), his post-service accomplishments (i.e. being a Habitat for Humanity volunteer, having a commercial diving license), and his compelling testimony mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-4/SPC. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General (Under Honorable Conditions) c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. Restore (Restoration of) Grade to: Change grade/rank to E-4/SPC. 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 AR20160015059 4