1. Applicant's Name: a. Application Date: 17 October 2016 b. Date Received: 21 October 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, a change to his narrative reason for discharge, and a change to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that he was out processing for an honorable discharge before the commander revoked his original orders and drafted new orders to discharge him two weeks sooner causing him not to complete his full four years of service. He contends he had gotten a DUI on post, went to class and obtained a certificate for understanding the dangers of driving while intoxicated. He tried going to legal and they told him at the first appointment to pursue the matter of how he was discharged, but his company commander would not give him his packet to go back to legal before he was discharged. He received a Field Grade Article 15, but was allowed to keep his rank by the Battalion Commander. He was denied Tricare after getting out of the service and it was needed as his son was Autistic and was going through therapy before his discharge. The whole process happen fast and he feels there was no reason for him to be discharged under general (under honorable conditions) except that the commander did not approve of him as a person and that is why he believes the discharge was unjust. There was not support for him other than what he tried to seek for himself. He made a mistake, but owned up to it and does not feel that he deserved this level of treatment, especially since the last three years of his service was exemplary as noted on his DD Form 214 by his Good Conduct Medal. In a records review conducted at Arlington, VA on 21 February 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 29 September 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 August 2016 (2) Basis for Separation: The applicant was informed of the following reason: being observed following too closely and driving a vehicle under the influence of alcohol, with a blood alcohol. content of .290 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 September 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 September 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 October 2012 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68X10, Mental Health Specialist / 3 years, 11 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 20 June 2016, shows that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored letter; separation orders; Trail Defense Service's Memorandum; character statement/letters of support; several certificates of completion; certificate for award of the ARCOM; and DD Form 214's (working and final) 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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, 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, a change to his narrative reason for discharge, and a change to his reentry eligibility (RE) code. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. Furthermore, the appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for misconduct (serious offense) is "JKQ" and the RE code is 3. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, that he was out processing for an honorable discharge before the commander revoked his original orders and drafted new orders to discharge him two weeks sooner causing him not to complete his full four years of service. He contends he had gotten a DUI on post, went to class and obtained a certificate for understanding the dangers of driving while intoxicated. He tried going to legal and they told him at the first appointment to pursue the matter of how he was discharged, but his company commander would not give him his packet to go back to legal before he was discharged. He received a Field Grade Article 15, but was allowed to keep his rank by the Battalion Commander. He was denied Tricare after getting out of the service and it was needed as his son was Autistic and was going through therapy before his discharge. The whole process happen fast and he feels there was no reason for him to be discharged under general (under honorable conditions) except that the commander did not approve of him as a person and the is why he believes the discharge was unjust. There was not support for him other than what he tried to seek for himself. He made a mistake, but owned up to it and does not feel that he deserved this level of treatment, especially since the last three years of his service was exemplary as noted on his DD Form 214 by his Good Conduct Medal. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his accomplishments. However, it appears this service was determined not to be sufficiently mitigating to warrant an honorable characterization of service at the time of discharge as shown by his incident of being observed following too closely and driving a vehicle under the influence of alcohol, with a blood alcohol content of .290 prior to his being discharged with a honorable discharge. 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 21 February 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No Change to RE f. Restore (Restoration of) Grade to: 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 AR20160018172 1