1. Applicant's Name: a. Application Date: 2 February 2016 b. Date Received: 16 August 2016 b. 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 and a change to the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, was not adequately represented during the court-martial and appeal process. The applicant was discharged from the Army without due process. In a records review conducted at Arlington, VA on 24 April 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 22 July 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 1 July 2016 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was disorderly by standing over a taxi driver's window while holding a bottle and not moving out of the way when being told to, and making a sexual comment to SPC X, "A. don't know whose d... she wants to be on," or words to that effect (27 February 2016); he violated a General Order by consuming alcohol during the RIP / TOA transition period (4 June 2016); he violated a lawful order from CPT AX., to not leave Camp Humphreys unless on official duty and only with an NCO escort (5 June 2016); he violated a General Order by not being on his assigned military installation after 0100 (5 June 2016); and he made a false official statement to SSGT X., "I am not in the military," or words to that effect (5 June 2016). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 July 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 July 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 August 2013 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 2 years, 10 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea f. Awards and Decorations: AAM-2, NDSM, KDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 17 June 2015, for without authority, go from, his appointed place of duty (1 June 2015); without authority, fail to go at the time prescribed to his appointed place of duty (8 June 2015); extra duty for 7 days. FG Article 15, dated 4 April 2016, unexecuted due to demand by court-martial. Summary Court-Martial, dated 11 May 2016; the applicant was found guilty of disorderly, standing over a taxi driver's window, holding a bottle, and not moving out of the way when being told to, such conduct being of a nature to bring discredit upon the armed forces (27 February 2016); and making a sexual comment to SPC S.A., "A. don't know whose d... she wants to be on," or words to that effect (27 February 2016). He was sentenced to reduction to PVT / E-1, forfeiture of $1,044 pay for one month; extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 24 June 2016, relates that the applicant met medical retention requirements of Chapter 3, AR 40-501.He was screened for PTSD and TBI with no significant findings. He was cleared for administration or judicial actions deemed appropriate by Command. The applicant received numerous negative counseling statements for various acts of misconduct; and being flagged. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); DD Form 214; Congress of the United States, House of Representatives, Constituent Inquiry; Crisp and Associates, LLC, matters and petition for clemency memorandum (six pages); Enclosure 1, request for extension of AR 15-6 investigation suspense date; and Summary Court-Martial (11 pages) ; Enclosure 2, AR 15-6 with associated documents (72 pages); Enclosure 3, four support statements, Congressional Liaison and Inquiries response to US Congressman; Control Sheet, PA Congressional, issues with travel voucher payment / discharge upgrade, email traffic and a letter, Office of the Chief of Legislative Liaison to US Congressman. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the RE code. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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 misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 seeks relief contending, he was not adequately represented during his court- martial and appeal process; and he was discharged from the Army without due process. 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 these contentions. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was not adequately represented during his court-martial and appeal process; and he was discharged without due 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 24 April 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 AR20170008495 1