1. Applicant's Name: a. Application Date: 19 December 2016 b. Date Received: 13 February 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, according to AR 635-200, paragraph 14-12, states that he can provided a statement on his own behalf, which gives him defense and last change to provide the details of the events that led to his discharge. However, his statements were not included in the separation packet that was provided to the separation authority. Therefore, he was not provided equal opportunity to defend his case so that he may continue serving his country honorably, although his statement was submitted within the time allotted. In a records review conducted at Arlington, VA on 23 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 21 December 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 October 2016 (2) Basis for Separation: On 6 August 2016, the applicant operated a vehicle while intoxicated. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 19 October 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: In an undated memorandum / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 February 2015 / 4 years, 5 months (the applicant extended his enlistment by five months on 5 April 2016) b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25U2P, Signal Support Systems Specialist / 5 years, 6 months, 28 days d. Prior Service / Characterizations: RA (24 May 2011 to 11 February 2015) / HD e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: ARCOM; AAM; AGCM; NDSM; NCOPDR; ASR g. Performance Ratings: 18 July 2016 thru 21 December 2016, Did Not Meet Standard h. Disciplinary Action(s) / Evidentiary Record: A serious incident report with a Department of Public Safety Incident Report, dated 6 August 2016, indicate the applicant was the subject of an investigation for alcohol related incident, and that he was driving under the influence. General Officer Memorandum of Reprimand with its associated documents, dated 17 October 2016, indicates the applicant was reprimanded for driving under the influence of alcohol. Report of Mental Status Evaluation, dated 20 September 2016, indicates the applicant was cleared from a behavioral health perspective to continue with the chapter process. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 19 December 2016. 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 14-12c 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 14-12c, 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 to upgrade his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and 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. By the incident of misconduct, the applicant compromised the special trust and confidence placed in an NCO, and he knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. The applicant's contentions that his discharge was unjust because the statement he provided on his behalf was not included in his separation packet when it was presented to the separation authority, as such, he was not provided equal opportunity to defend his case so that he may continue serving his country, were carefully reviewed. 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 sufficient 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. 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 23 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 AR20170002895 1