1. Applicant's Name: a. Application Date: 22 August 2016 b. Date Received: 1 September 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 seeking relief, did not provide any issues of equity or propriety for the Board's consideration. In a records review conducted at Arlington, VA on 27 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: 23 May 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 April 2016 (2) Basis for Separation: On 14 February 2016, the applicant assaulted his wife. The following were cited for consideration towards the characterization of his service: On 18 January 2016, he failed to report to his appointed place of duty at the prescribed time. On 18 January 2016, his actions were disorderly, conduct that was of a nature to bring discredit upon the armed forces. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 April 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 February 2015 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13T10, Field Artillery Surveyor / 4 years, 9 months, 2 days d. Prior Service / Characterizations: RA (22 August 2011 to 13 19 March 2014) / HD RA (20 March 2014 to 10 February 2015) / HD e. Overseas Service / Combat Service: SWA / Afghanistan (24 June 2012 to 9 March 2013) f. Awards and Decorations: ARCOM; AAM; AGCM; NDSM; ACM-CS; GWOTSM; NCOPDR; ASR; OSR; NATOMDL; CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to be at his appointed place of duty at the prescribed time and being disorderly due to drunkenness. MP Blotter, dated 26 January 2016, indicates the applicant was the subject of an investigation for disorderly conduct. CG Article 15, dated 11 February 2016, for failing to go to his appointed place of duty at the prescribed time on 18 January 2016, and being disorderly on 18 January 2016. The punishment consisted of a reduction to E-3 (suspended), forfeiture of $485 (suspended), 45 (sic) days of extra duty, and 14 days of restriction (suspended). MP Blotter, dated 1 March 2016, indicates the applicant was the subject of an investigation for assault. Report of Mental Status Evaluation, dated 14 March 2016, indicates the applicant was cleared by behavioral health for administrative separation. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 22 August 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 general (under honorable conditions) discharge to honorable. The applicant's available record of service and 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 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 his service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. 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 27 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 AR20160015353 4