1. Applicant's Name: a. Application Date: 20 March 2017 b. Date Received: 31 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable and a change of narrative reason for separation to voluntary retirement. The applicant seeks relief contending, in effect, that what the US Special Operation Command did while was in good standing with the Army was an injustice, what they have done after the fact is a disgrace. The applicant contends the unit violated the National Defense Authorization Act, FY 2012, in the deployment - to-Dwell time. Discredited the applicant's service to the country and deployment history, falsified facts to local media, falsely accused the applicant of defrauding the government, and falsified documents to cover their poor leadership, and discharge the applicant based on isolated events without due process in civilian court. In a records review conducted at Arlington, VA on 23 August 2019, 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 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 20 May 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 January 2015 (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 12 May 2016 / Under Honorable Conditions Discharge 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 November 2006 / Indefinite b. Age at Enlistment / Education / GT Score: 33 / 2 years College / 114 c. Highest Grade Achieved / MOS / Total Service: E-8 / 92Y1M, Unit Supply Specialist / 17 years, 10 months d. Prior Service / Characterizations: ARNG, 27 September 1993 to 26 October 1993 / NIF ADT, 27 October 1993 to 1 March 1994 / NIF ARNG, 2 March 1994 to 1 May 1996 / NIF RA, 2 May 1996 to 19 May 1998 / HD ` RA, 20 May 1998 to 15 January 2002 / HD RA, 16 January 2002 to 16 November 2006 / HD e. Overseas Service / Combat Service: Korea, SWA / Qatar (8 August 2009 to 30 September 2009 and 28 November 2010 to 10 November 2011); Iraq (25 November 2009 to 26 February 2010); Jordan (15 November 2008 to 25 November 2008 and 19 November 2009 to 24 November 2009) f. Awards and Decorations: DMSM, MSM, ARCOM-7, AAM-3, JMUA, AGCM-6, NDSM- BSS, ICM-3CS, GWOTSM, KDSM, HSM-2, NOPDR-3, CAB g. Performance Ratings: 1 March 2007 to 29 February 2008 / Among The Best 10 March 2008 to 31 July 2008 / Among The Best 1 August 2008 to 31 July 2009 / Among The Best 1 August 2009 to 31 March 2010 / Among The Best 1 April 2010 to 30 September 2010 / Among The Best 1 October 2010 to 30 September 2011 / Among The Best 1 October 2011 to 10 March 2012 / Among The Best 11 March 2012 to 10 March 2013 / Among The Best 11 March 2013 to 10 March 2014 / Marginal h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: It appears the applicant lost time of 937 days (27 October 2013 to 20 May 2016), was the result of being confined for killing his wife as noted in the Commander's Report dated 15 April 2015. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 149; several extracts from (National Defense Authorization Act FY2012, Deployment-to-Dwell Ration for Active Component (AC); Joint Federal Travel Regulation; letter from Inspector General Department of Defense; evaluation report appeal; Qualitative Management Program (QMP) memorandum; separation documents; court-documents from the Circuit Court of the First Circuit State of Hawaii; several certificates of awards received; leave and earnings statement (LES); travel documents; DD Form 214 for the period of service under review. 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 his under other than honorable conditions discharge to honorable and a change of his narrative reason for separation to voluntary retirement. 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 not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of Misconduct (Serious Offense), with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)" and the separation code is "JKQ," with a RE code of 3. 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, reentry code, entered in block 27, 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 what the US Special Operation Command did to him while he was in good standing with the Army was an injustice, what they have done after the fact is a disgrace. The applicant contends his unit violated the National Defense Authorization Act, FY 2012, in the deployment - to-Dwell time. Discredited his service to his country and his deployment history, falsified facts to local media, falsely accused him of defrauding the government, and falsified documents to cover their poor leadership, and discharge him base on isolated events without due process in civilian court. The applicant's contentions were noted; however, it is unknown if these contentions have merit because the complete facts and circumstances leading to the discharge are not contained in the service record. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it will be his 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 23 August 2019, 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 AR20170006657 1