1. Applicant's Name: a. Application Date: 6 October 2016 b. Date Received: 11 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, the situation that led to his discharge had nothing to do with his Army conduct and values. He was punished outside of the military and he was punished twice by receiving an under other than honorable discharge after being demoted. During the decision of his separation he was also in the medical board process, and many extra steps were taken to ensure he received a general discharge. He upheld the army physical and mental standards even with his hand disabled over 50 percent of the time. He did not create any problems within his command or amongst his peers. He made a decision on the civilian side that is frowned upon, but never his military bearing. He exceeded physical standards at all times, engaging in multiple training events, excelling in every task presented, representing the Fort Hood Funeral Honors training team, bettering himself by achieving a higher GT score of 112 while enlisted, being numerous brigade commanders drivers and being active as a Soldier while dealing with his disability. His other than honorable discharge de-fouls his character and creates huge hardship in the fields of getting employment, hindering the progression of opportunity's in school and his family's financial upkeep. In a records review conducted at Arlington, VA on 14 February 2018, 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: 21 July 2015 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 July 2015, the separation authority considered the separation packet, the Medical Evaluation Board proceedings and the recommendations of the chain of command. Based on his review, he determined that the applicant's medical condition was not a direct or substantial contributing cause of the conduct displayed. Other circumstances did not warrant disability processing. Therefore, the applicant's case was not processed through medical disability channels. He directed the applicant's discharge with a characterization of service of general (under honorable conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 November 2013 / 3 years b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 1 month, 15 days d. Prior Service / Characterizations: RA, 7 June 2011 to 26 November 2013 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF / however, a medical document dated 8 April 2015, relates that the applicant was pending criminal charges for stealing a motorcycle. UCMJ action had already been adjudicated. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and medical records (150 pages). 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 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of misconduct (serious offense), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct (serious offense) with a reentry eligibility (RE) code of 3. The applicant's contentions were carefully considered, regarding the situation that led to his discharge had nothing to do with his Army conduct and values; he was punished outside of the military, he was punished twice by receiving an under other than honorable discharge after being demoted; during the decision of his separation he was also in the medical board process, and many extra steps were taken to ensure he received a general discharge; he upheld the army physical and mental standards even with his hand disabled over 50 percent of the time; he did not create any problems within his command or amongst his peers; and he made a decision on the civilian side that is frowned upon, but never his military bearing. However, a determination as to the merit of these contentions cannot be substantiated because the complete facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, he exceeded physical standards at all times, engaging in multiple training events, excelling in every task presented, representing the Fort Hood Funeral Honors training team, bettering himself by achieving a higher GT score of 112 while enlisted, being numerous brigade commanders drivers and being active as a Soldier while dealing with his disability. 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. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition or that he was disabled. The applicant also contends, his other than honorable discharge de-fouls his character and creates huge hardship in the fields of getting employment, hindering the progression of opportunities for school and his family's financial upkeep. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 14 February 2018, 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 AR20170000263 1