1. Applicant's Name: a. Application Date: 26 August 2016 b. Date Received: 20 September 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, while at his first duty station, and fresh out of basic training and AIT, he received counseling statements for being late to formations a few times, which led to his discharge. He always respected the NCOs and officers appointed over him, never did drugs or alcohol, and lived by the Army Values. When he was separated, nobody explained the kind of discharge he received on his DD Form 214. He did not know the impact of his separation until he tried to reenlist. He was young but has since learned a lot. He obtained a Truck Driver License, a Security Guard License, and a license in the medical field as a Phlebotomist from Liberty College. He wants to make a difference and serve this great country, again. He has maintained a clean record and no problem with the law. In a records review conducted at Arlington, VA on 29 November 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 September 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 August 2013 (2) Basis for Separation: The applicant was informed of the following reasons: Failing to report to his appointed place of duty on 25 April 2013, 18 May 2013, 11, 13, and 20 June 2013, and 7 and 16 July 2013. Violating lawful orders from NCOs on 29 April 2013 and 12 July 2013, and from commissioned officers on 3 June 2013 and 15 July 2013. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 August 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 August 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 September 2012 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-2 / 36B10, Financial Management / 11 months, 26 days d. Prior Service / Characterizations: None / NA 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 statements for failing to be at his appointed place of duty at the prescribed time on numerous occasions; violating an order or regulation; disobeying NCOs on numerous occasions; taking responsibility and being accountable; disrespecting an NCO; speeding and receiving a traffic violation ticket; performance being substandard; repercussion of consecutive failing of APFTs; preparing for current APFT; being recommended for UCMJ actions; demonstrating serious pattern of misconduct; lacking self-discipline; disregarding Army Values; and failing to adhere to installation policies and procedures. Summarized Article 15, dated 5 June 2013, for failing to go to his appointed place of duty at the prescribed time on 11 May 2013 and 25 April 2013, and disobeying an NCO on 29 April 2013. The punishment consisted of 7 days of extra duty and restriction, and an oral reprimand. CG Article 15, dated 17 July 2013, for failing to go to his appointed place of duty at the prescribed time on 11 and 13 June 2013. The punishment consisted of a reduction to E-1, forfeiture of $353, 14 days of extra duty and restriction, and an oral reprimand. Report of Mental Status Evaluation, dated 24 July 2013, cleared the applicant from a behavioral perspective for any administration 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 26 August 2016; birth certificate; four identification cards depicting social security, commercial driver license, certified Phlebotomy Technician, and guard registration; DD Form 214; certificate of training completion, dated January 2015; certificate of affiliation, dated 8 March 2013; certificate of naturalization, dated 13 February 2013; certificate of financial management diploma, dated 8 March 2013; five certificates of training; safety certificate of completion; and receipt copy of driver license ID card. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he has maintained a clean record and no issues with the law, and he has also obtained a Truck Driver License, a Security Guard License, and a license in the medical field as a Phlebotomist from Liberty College. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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, 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 incidents of misconduct, the applicant knowingly risked a military career and diminished 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. The applicant's contentions were carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request to change the narrative reason for his discharge. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant a change to the narrative reason for his discharge. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 14-12b is "Pattern of Misconduct," and the separation code is JKA. 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 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 29 November 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 AR20160015450 4