1. Applicant's Name: a. Application Date: 4 August 2015 b. Date Received: 1 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board would consider him for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason and its corresponding codes. The applicant seeks relief contending, in pertinent part and in effect, his separation and reentry codes on his DD Form 214 requires corrections. His recorded actions and display of character were not pattern of misconduct, but that he operated and behaved at a substandard performance level, unworldly, and immature. Now that he is sensible and realistic, he realized that the lives he put at risk by his actions are not matters that he can take back in time, but to give back to his comrades, his nation, and the American way of life. In a records review conducted at Arlington, VA on 11 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 December 2011 (2) Basis for Separation: The applicant was informed of the following reasons: On 25 November 2011, he wrongfully violated General Order Number 1 by wrongfully inhaling compressed air to induce a condition of intoxication. On 2 September 2011, while on escort detail, he was not in the proper uniform and did not have his assigned weapon within arms' reach. On 8 June 2011, through neglect, he lost a PVS-14 and a M249 spare barrel. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 22 December 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 December 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 August 2009 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate /102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25N10, Nodal Network Systems Operator-Maintainer / 2 years, 5 months, 14 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Alaska, SWA / Afghanistan (15 April 2011 to 6 January 2012) f. Awards and Decorations: ARCOM; NDSM; ACM-2CS; GWOTSM; ASR; CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Proceedings by an Investigating Officer, dated 19 June 2011, reported the findings that the applicant and an NCO did not maintain proper accountability of their assigned equipment, and recommendations for adverse actions and hold both Soldiers financially liable for the missing equipment. Memorandum, dated 19 June 2011, reports the facts, findings, and recommendations. FG Article 15, dated 24 August 2011, for without proper authority and through neglect, lose military property of a value of over $500 on 8 June 2011. The punishment consisted of 45 days of extra duty. Serious Incident Report, dated 25 November 2011, indicates a reported incident of huffing that involved the applicant. Record contains several sworn statements made on the incident. Negative counseling statements for reinforcing the prohibited activities and standards of General Order Number 1; expected conduct during KAF visit due to escorted appointments; being out of uniform and being accountable; and being aware of damaging, losing, and wrongfully appropriating military property. Report of Mental Status Evaluation, dated 18 December 2011, reports an "AXIS I" diagnosis as "Inhalant Abuse," and that the applicant was not motivated to stay in the military. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 4 August 2015; DD Form 214; five sworn statements; Report of Proceedings by Investigating Officer with findings and recommendations, dated 19 June 2011; five counseling statements, dated June 2011, 1 August 2011, 2 September 2011, and 16 December 2011; six additional sworn statements; Report of Mental Status Evaluation, dated 18 December 2011; Congressional Correspondence, dated 7 August 2015, 1 September 2015, 9 September 2016, and 3 October 2016; OCLL Congressional Inquiry, dated 10 September 2016; and Congressional General Authorization Form, dated 4 August 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 14-12b 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 "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, pattern of 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed, in pertinent part, by DoDI 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Accordingly, the applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, and to change the narrative reason for his discharge with its corresponding codes. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record further 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. By the pattern of misconduct, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an 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 unjust because the recorded actions and display of character was not a pattern of misconduct, but that he operated and behaved at a substandard performance level, unworldly, and immature. 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 sufficient evidence has been provided with the request for an upgrade of the discharge and to change the narrative reason for his discharge. Furthermore, regarding his contention that he was immature at the time of the discharge, the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant requests to correct the separation and reentry codes that corresponds with the reason for his separation. However, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12b is "Pattern of Misconduct," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, 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 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 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 11 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 AR20170001765 5