1. Applicant's Name: a. Application Date: 14 February 2017 b. Date Received: 7 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a change to her narrative reason for discharge. The applicant seeks relief contending, in effect, that she was unfairly treated at the time of discharge. She contends she was a good Soldier who performed, and worked very hard. She took great pride in her work, was always at work on time, always where she was supposed to be when she was supposed to be there. She was dependable and always preformed her duties to her highest abilities. She was punished and had all of her rank taken because she was going through a divorce and wanted to move on with her life. In North Carolina you have to be separated from your spouse for a year before you are able to file for divorce, she had to wait a little longer to be able to file for divorce from her ex-husband because of funding issues. She was finally able to file for divorce and it took 7 months for her divorce to be finalized, because her ex-husband was nowhere to be found. The day she finally received her divorce papers she was stripped of all her rank. She had gotten pregnant and her First Sergeant knew that she was undergoing a divorce, so she was put under investigation for adultery. She was then told they were going to separate her from the military. She contends she was highly disturbed by this because she took pride in serving her country and was hoping to move forward in the ranks. She has suffered from major battles within herself because she felt like she was treated and put out which made her feel inadequate as a person. She never understood why her 1st Sergeant did this to her yet condoned the relationship of one of her other Soldiers who was married and was not going through a long lasting divorce with another Soldier. She is aware that in the military adultery is a crime, however, she does feel that there should be some stipulations to this, many people go through divorces and should not be punished for trying to move on with their lives. There is a difference between a married person and a person who is married but going through a divorce who are legally separated. She is now requesting with high hopes and a humble heart and many prayers that her request is approved so she can feel proud once again and show her children that she did honorable serve her country. As well as helping her resolve some of her self-esteem issues, which would mean everything to her. In a records review conducted at Arlington, VA on 11 June 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, a prior period of honorable service 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), and the separation code to JKN. (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: 31 July 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 May 2013 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully having sexual intercourse with a man not her husband between 26 February 2012 and 26 March 2012 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 30 May 2013 (5) Administrative Separation Board: The applicant waived consideration of her case by an administrative separation board. (6) Separation Decision Date / Characterization: 25 June 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 October 2008 / 6 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Specialist, 42A10, Human Resources Specialist / 7 years, 3 months, 6 days d. Prior Service / Characterizations: RA, 25 April 2006 to 2 October 2008 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (11 April 2009 to 17 April 2010 and 4 October 2011 to 24 April 2012) f. Awards and Decorations: AAM-2, USNAM, MUC, AGCM, NDSM, ACM-3CS, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application; divorce document, dated 9 April 2013; 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 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, 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 her general (under honorable conditions) discharge to honorable and a change to her narrative reason for discharge. The record confirms the applicant's discharge was appropriate because the quality of her 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 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 seeks relief contending that she was unfairly treated at the time of discharge. She contends she was a good Soldier who performed, and worked very hard. She took great pride in her work, was always at work on time, always where she was supposed to be when she was supposed to be there. She was dependable and always preformed her duties to her highest abilities. She was punished and had all she rank taken because she was going through a divorce and wanted to move on with she life. In North Carolina you have to be separated from your spouse for a year before you are able to file for divorce, she had to wait a little longer to be able to file for divorce from her ex-husband because of funding issues. She was finally able to file for divorce and it took 7 months for her divorce to be finalized, because her ex-husband was nowhere to be found. The day she finally received her divorce papers she was stripped of all her rank. She had gotten pregnant and her First Sergeant knew that she was undergoing a divorce, so she was put under investigation for adultery. She is aware that in the military adultery is a crime, however, she does feel that there should be some stipulations to this, many people go through divorces and should not be punished for trying to move on with their lives. There is a difference between a married person and a person who is married but going through a divorce who are legally separated. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended. 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was unjustly discharged. In fact, the applicant stated in her contentions that she was aware that in the military adultery was a crime. It should be noted by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (serious offense). It appears the applicant's generally good record of service was the basis for her receiving a GD instead of the normal UOTHC 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 character of the applicant's discharge is commensurate with her 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 June 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, a prior period of honorable service 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), and the separation code to JKN. 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 AR20170003346 1