1. Applicant's Name: a. Application Date: 12 December 2016 b. Date Received: 24 January 2017 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 and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, was discharged under patterns of misconduct because the 1SG wanted to give the applicant the worst possible exit. The 1SG told the applicant to wear unserviceable coveralls, but were the only coveralls the applicant had; the applicant was then smoked and given an Article 15 on a catch 22. The applicant alleges at the time, TDS stated the applicant could remain in service and transfer to another unit, but the applicant's mother, a disabled vet, had just had another stroke, so the applicant accepted the discharge and left. In a records review conducted at Arlington, VA on 14 August 2019, 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: 16 July 2003 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 18 June 2003 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; engaged in discreditable conduct and conduct prejudicial to good order and discipline. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 June 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 July 2003 / General (Under Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 July 2001 / 3 years b. Age at Enlistment / Education / GT Score: 18 years / GED Certificate / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Light Wheel Vehicle Mechanic / 2 years, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article dated, 3 May 2002, for having received a lawful order from SGT L., a noncommissioned officer, to appear before him with his uniform pressed and boots shined, did willfully disobey the same at Fort Myer, VA*, (24 April 2002); extra duty and restriction for 14 days. CG Article 15, dated 21 January 2003, for having received a lawful order from SSG J.A.P., a noncommissioned officer, to not to wear unserviceable coveralls to work, an order which it was his duty to obey, did willfully disobey the same (2 December 2002); and having received a lawful order from SFC J.F.H., a noncommissioned officer, to produce his vehicle for safety inspection, an order which it was his duty to obey, did willfully disobey the same (19 December 2002); reduction to PV2 / E-2, forfeiture of $301 pay, extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 1 May 2003, relates the applicant met the retention standards prescribed in Chapter 3, AR 40-501 and there was no psychiatric disease or defect that warrants disposition through medical channels. He was mentally responsible, able to distinguish right from wrong and adhere to the right, and had the mental capacity to understand and participate in board proceedings. He was cleared for any administrative action deemed appropriate by command. The applicant received numerous negative counseling statements for various acts of misconduct; initial and monthly counseling, no auto insurance and personal debt to other Soldiers. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages) and DD Form 214. 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 Army allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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 "JKF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter, paragraph 14-12b, 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 an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and document 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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. The applicant requests a change to the narrative reason for separation. 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, misconduct. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he was discharged under patterns of misconduct because his 1SG wanted to give him the worst possible exit. 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 applicant further contends, his 1SG told him to wear unserviceable coveralls, the only coveralls he had, he was smoked and given an Article 15 on a catch 22. The record of evidence shows that the applicant was counseled by the motor sergeant not to wear unserviceable coveralls. During the counseling session the motor sergeant informed the applicant that CIF issues four pair of coveralls to mechanics. Two of them are summer and two are winter coveralls. There was no excuse for him not to have a pair of serviceable coveralls at all times. The applicant also contends, at the time TDS stated he could remain in service and transfer to another unit, but his mother, a disabled vet had just had another stroke, so he accepted the discharge and left. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 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 14 August 2019, 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170000834 1