1. Applicant's Name: a. Application Date: 29 July 2016 b. Date Received: 29 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the separation code that corresponds with the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, he believes the separation code of "JNC" and the reentry code of "NA" is false and unjust. He has grown as a person from the unnecessary experience which has taught him to fight for what is right. In a records review conducted at Arlington, VA on 6 September 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2b / JNC / NA / Honorable b. Date of Discharge: 2 March 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 November 2011 (2) Basis for Separation: The applicant was required to show cause for retention on active duty due to making inappropriate and unprofessional statements in violation of the Army Equal Opportunity Policy and conduct unbecoming of an officer, specifically on 6 September 2011, he made a racial statement referencing a field grade officer; in that while having a conversation with a fellow colleague, he stated, "Well, you know, I never met a good, black officer in my career." (3) Legal Consultation Date: NIF (4) Recommended Characterization: Company and Battalion Commanders recommended retention on active duty Brigade Commander recommended separation with an Honorable characterization General Officer Show Cause Authority recommended separation with General (Under Honorable Conditions) (5) DA Ad Hoc Review Board Recommendation: Honorable (6) Separation Decision Date / Characterization: 16 February 2012 / Honorable 4. SERVICE DETAILS: a. Date / Period of Appointment: 4 June 2009 / 3-year OBV (OCS appointment) b. Age at Appointment / / Education / GT Score: 24 / Bachelor of Science degree / NA c. Highest Grade Achieved / MOS / Total Service: O-2 / 74A, Chemical, General / 3 years, 3 months, 14 days d. Prior Service / Characterizations: RA (19 November 2008 to 3 June 2009) / HD e. Overseas Service / Combat Service: SWA / Iraq (26 February 2010 to 3 September 2010) f. Awards and Decorations: ARCOM; AAM; NDSM; ICM-2CS; GWOTSM; ASR; OSR; MUC g. Performance Ratings: 4 June 2009 thru 3 June 2010, Outstanding Performance, Must Promote 30 May 2010 thru 29 May 2011, Outstanding Performance, Must Promote 30 May 2011 thru 6 September 2011, Satisfactory Performance, Promote 7 September 2011 thru 2 March 2012, Outstanding Performance, Must Promote h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 3 November 2011, indicates the applicant was reprimanded for making a racial statement while having a conversation with a fellow commissioned officer, in direct violation of the Army Equal Opportunity Policy. Report of Proceeding by Investigating Officer with findings and recommendations, dated 22 October 2011, and associated documents. 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 in 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general (under honorable conditions), or under other than honorable conditions characterization of service may be granted. 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 "JNC" as the appropriate code to assign officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 8. DISCUSSION OF FACT(S): The applicant requests to change the separation code that corresponds with the narrative reason for his discharge. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained. Further, the applicant's available record contains no evidence of arbitrary or capricious actions by the command. The applicant contends the discharge was unjust because he believes the separation code of "JNC" causing the reentry code of "NA" is false. 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 any 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 evidence has been provided with the request to change the separation code that corresponds with the narrative reason for his discharge. Furthermore, the applicant requests to change the separation code that corresponds with the narrative 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 AR 600-8-24, chapter 4, paragraph 4-2b is "Unacceptable Conduct," and the separation code is JNC. The regulation stipulates that separation program designator (SPD) codes identify reasons for, and types of, separation from active duty, and that its primary purpose is to provide statistical accounting of reasons for separation, and are intended exclusively for the internal use of DoD and the military services to assist in the collection and analysis of separation data. The SPD codes are not intended to stigmatize an individual in any manner. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 September 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 AR20160016346 1