1. Applicant's Name: a. Application Date: 25 January 2017 b. Date Received: 30 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. The applicant seeks relief contending, in effect, his discharge was improper because the recruiter failed to properly document his correct rank when he transitioned from Reserve to Active Duty service. When the mistake was discovered and presented to the command, he was processed for a discharge. In a records review conducted at Arlington, VA on 9 May 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: Fraudulent Entry / AR 635-200, Chapter 7, Section V / JDA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 February 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 December 2002 (2) Basis for Separation: He enlisted in Pay Grade of E-3, using DD Form 214 issued from his last period of active duty ending 23 January 1997, and he failed to notify enlistment that he had been reduced to Private E-2, by COL B. for failing to make his drills on 30 September 1997. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 December 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 January 2003 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 April 1999 / 5 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 129 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91X1L, Mental Health Specialist, and 91G10, Behavioral Science Specialist / 9 years, 10 months, 11 days d. Prior Service / Characterizations: USAR (6 April 1993 to 29 September 1993) / NA ADT (30 September 1993 to 26 April 1994) / HD USAR (27 April 1994 to 28 April 1996) / NA ADT (29 April 1996 to 23 January 1997) / HD USAR (24 January 1997 to 13 April 1999) / NA e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM-2; NCOPDR; ASR; AFSM; AFRM-M DEV g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 214 (Certificate of Release or Discharge from Active Duty), with separation date of 23 January 1997, indicates the applicant was discharge at the rank of PFC/E-3. DA Form 4187 (Personnel Action), dated 30 September 1997, reflects that the applicant was reduced in grade to PV2/E-2, effective 14 September 1997, according to AD135-91, paragraph 4-13, due to failure to report to annual training with his unit. Mental Status Evaluation, dated 28 February 2002, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. The evaluation also indicated an "AXIS II:" diagnosis of "Personality Disorder, NOS with Passive Aggressive and Narcissistic Traits." i. Lost Time / Mode of Return: 2 days (Civilian Confinement: 1 February 2002 to 2 February 2002) / No further information according unit commander's report by memorandum, dated 20 December 2002 j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 January 2017. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, paragraph 7-17 provides, in pertinent part, that a fraudulent entry is the procurement of an enlistment, reenlistment, or period of active service through any deliberate material misrepresentation, omission, or concealment of information which, if known and considered by the Army at the time of enlistment or reenlistment, might have resulted in rejection. This includes all disqualifying information requiring a waiver. A Soldier who concealed his or her conviction by civil court of a felonious offense normally will not be considered for retention. Soldiers separated under Chapter 7 may be awarded an honorable discharge, general, under honorable conditions discharge, or a discharge under other than honorable conditions. If in an entry level status, the discharge will be uncharacterized. 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 "JDA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 7, Section V, Fraudulent Entry. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JDA" 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. The applicant's record of service and the issues 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. By the procurement of his enlistment through deliberate material misrepresentation, the applicant diminished the quality of his service below that meriting a fully honorable discharge. 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 discharge was improper because the recruiter failed to properly document his correct rank when he transitioned from Reserve to Active Duty service, and when the mistake was discovered, he was processed for a discharge without offering him an alternative methods to compensate or repay the overpayment. 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 for an upgrade of the 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 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 9 May 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 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 AR20170001497 1