1. Applicant's Name: a. Application Date: 4 March 2017 b. Date Received: 8 March 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his discharge was inequitable because it was based on accumulation of suspect treatment and motivation by superior NCOs. An upgrade of his discharge will afford him the opportunity to advance his education and career; and perhaps even providing him the opportunity to reenter the Armed Services in a more fitting career track. At his permanent assignment, he became the subject to a continuous change of rules and expectations from the NCO staff. This affected both his military and family life causing a level of stress he had never experienced before. His harassment began in earnest when he was reprimanded with an Article 15 for breaches of discipline that he believe were groundless. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a medical or behavioral health condition that was mitigating for the reasons leading to an early separation. SMs medical records indicated in-service diagnoses of ADHD and Major Depressive Disorder. Behavioral health treatment consisted of therapy and medication management. Mental Status eval indicated SM was being chaptered for a pattern of misconduct and tardiness. Medical records revealed SM reported feeling harrassed by particular NCOs in his unit. He was arrested and jailed for one week following a bounced check for a car down-payment; however, this concern was later cleared. SM also reported a disagreement with an NCO regarding corrective action (doing pushups). SM reported ongoing verbal harrassment and being generally disliked which contributed to Depression. Other stressors entailed marital and financial difficulties. Post service, SM has a 60% service connected rating from the VA for Major Depession and Generalized Anxiety Disorder. In a personal appearance hearing conducted at Arlington, VA on 12 February 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, personal testimony, the circumstances surrounding the discharge (i.e. in- service and post-service OBH diagnosis exacerbated by 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, Chapter 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 3 September 2015 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 March 2013 b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 2 years, 5 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA 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: DD Form 293 (two pages) with issues continuation (two pages). 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 14-12b 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12b, by reason of pattern of misconduct, with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct) with a reentry eligibility (RE) code of 3. The applicants contentions were carefully considered regarding, his discharge was inequitable because it was based on accumulation of suspect treatment and motivation by superior NCOs; at his permanent assignment, he became the subject to a continuous change of rules and expectations from the NCO staff; this affected both his military and family life causing a level of stress he had never experienced before; and his harassment began in earnest when he was reprimanded with an Article 15 for breaches of discipline that he believe were groundless. However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, an upgrade of his discharge will afford him the opportunity to advance his education and career; and perhaps even providing him the opportunity to reenter the Armed Services in a more fitting career track. 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. Soldiers being processed for separation are assigned reentry codes based on their 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 was 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. It is the applicant's responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None were listed on the data sheet b. The applicant presented the following additional contention(s): None were listed on the data sheet c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 12 February 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, personal testimony, the circumstances surrounding the discharge (i.e. in-service and post-service OBH diagnosis exacerbated by 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, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 11. 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, Chapter 14-12a e. Change SPD / RE Code to: Change SPD to JKN / No Change to RE code f. Restore (Restoration of) Grade to: No Change 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 AR20170004130 4