1. Applicant's Name: a. Application Date: 10 January 2017 b. Date Received: 11 January 2017 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 narrative reason change and a reentry (RE) code change. The applicant seeks relief contending, in effect, he believes he did not deserve to be separated from the military for only being in trouble one time. He served as an Airborne Combat Medic and an Engineer for over five years. He states, it was his dream to retire from the military and be the best Soldier that he could be, but when he made his one mistake, his dream was taken away from him. When he received his separation paperwork, his immediate chain of command opted to retain him as well as his battalion commander, but unfortunately his brigade commander recommended his chapter. He states, during the time he was waiting to hear if he was going to be retained, he had to go to predeployment training in California. He found out from one of the operations NCOs that his chain of command knew two weeks before their return to Fort Bragg that he would be separated from the Army. He did not appreciate that his chain of command did not inform him of the decision until 30 minutes after their return to Fort Bragg. He was not a bad Soldier or a trouble maker and he was always a team player and did what he could to help his unit and his fellow service members. He states, he had just graduated from the Noncommissioned Officer Academy with superior marks and was preparing for the Sergeant Promotion board. He made a mistake by getting a DWl on the weekend of his graduation and instead of being able to make amends or learn from that mistake, he was immediately processed for separation. He was told that five days before his DWl, the Army had implemented a new policy, which required the separation of any Soldier involved in an alcohol related incident. He states, not only was it his graduation weekend, but it was also his birthday weekend and the anniversary of his friend who was killed during their deployment in Afghanistan. Apart from having his mistake end his career, he only receives 80 percent of his education benefits, because he is only being credited for his first two years of service. He believes that this is unfair, as he has served enough time without getting in trouble to earn 100 percent of his education benefits. An upgrade would allow him to receive his full education benefits and return to school. After he graduates, it would allow him to rejoin the military without having any issues. The narrative reason for his separation has caused him issues with employers and with Army recruiters. He states, people immediately assume the worst when they see the narrative reason for his discharge. He has to explain to them that he received a DWI and that it was his first time in trouble, but they look at him as if he is not telling the truth. Additionally, he desires a change of his reentry code, which would allow him to enter the ARMY ROTC program while he is attending college. He still has the dream of retiring from the military and finish what he once started by serving the country to the best of his ability. In a records review conducted at Arlington, VA on 4 May 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. excellent service record and CO & BN CDR recommended retain/HD; strong support from 1SG) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635- 200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. The board found the reentry code proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 25 September 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 July 2012 (2) Basis for Separation: The applicant was informed of the following reasons: He received a DWI on or about 31 March 2012. (3) Recommended Characterization: The applicant's company commander recommended that the applicant be retained in the Army. (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 November 2009 / NIF b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12N10, Horizontal Construction Specialist / 5 years, 2 months, 14 days d. Prior Service / Characterizations: RA, 12 July 2007 - 1 November 2009 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (15 August 2009 - 23 August 2010) f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, ACM-2CS, GWOTSM, NCOPDR, ASR, OSR, NATOMDL, CMB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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, paragraph 12c, 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 narrative reason change and a reentry (RE) code change. The applicant's 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. 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 contends the narrative reason for the discharge should be changed because because it impairs his ability for employment. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ"." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends his unit knew he was going to be separated from the Army, but they did not inform him until his unit returned from training. However, 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 applicant contends that he had good service which included a combat tour. 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 applicant is to be commended for his accomplishments. The applicant has expressed his desire to have better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 4 May 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. excellent service record and CO & BN CDR recommended retain/HD; strong support from 1SG) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. The board found the reentry code proper and equitable and voted not to change it. 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, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20170001348 1