1. Applicant's Name: a. Application Date: 23 May 2017 b. Date Received: 20 June 2017 c. Counsel: None 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 narrative reason for separation. The applicant seeks relief contending, in effect, he would like to reenlist and be commissioned in the US Army. His discharge should be upgraded because it was unfair, unjust and an erroneous discharge. He never had any issues in his civilian or military history until he arrived at Fort Hood. He was assaulted by his first sergeant during a unit weight in, by him aggressively grabbing him on the front of his neck. He reported the incident and got no help from his command. The command in his opinion retaliated against him and accused him of lying. In a personal appearance hearing conducted at Arlington, VA on 19 March 2018, and by a 5-0 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's length of service and as a result it is inequitable. Accordingly, the Board voted to grant relief by changing 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. The board determined the characterization of service and RE code were proper and equitable and voted not to change them. (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: 17 May 2017 c. Separation Facts: Yes / the applicant submitted the case separation files with his application. (1) Date of Notification of Intent to Separate: 20 April 2017 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he made a false official statement to investigator C.F. that 1SG M's "hand covered the middle of his neck aggressively, making physical contact, closed down hand constricting his air and stretched the tape" or words to that effect. However, this charge was dismissed. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 April 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 May 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 November 2013 / 3 years, 41 weeks b. Age at Enlistment / Education / GT Score: 24 years / College Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B10, Information Technology Specialist / 3 years, 6 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant submitted a charge sheet, dated 27 July 2016, that indicates he was charged with intent to deceive, by making a false official statement to C.F., that "1SG P.M.'s hand covered the middle of his neck aggressively and making physical contact. He then closed his hand constricting his air and then stretched the tape" or word to that effect, which statement was totally false (30 June 2016). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; charge sheet (two pages); an unexecuted FG Article 15 (three pages); applicant's sworn statement (seven pages); three negative counseling statements; sworn statement (three pages); two applicant's letters to US Senators; battalion commander's letter to US Senator (two pages); Freedom of Information Act (FOIA) request (eight pages); separation files (23 pages); email traffic (two pages); counseling statement, reprisal prevention plan; equal opportunity complaint form / with related documents (six pages); separation authority's memorandum (two pages); and initial separation files (25 pages). 6. POST SERVICE ACCOMPLISHMENTS: He volunteers at the local USO, worked on a MBA degree, attempted to progress at work, passed his PT test and did the right thing always. 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 the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. 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 requested a change to the narrative reason for separation. 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 regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his discharge should be upgraded because it was unfair, unjust and an erroneous discharge. 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 contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant further contends, he never had any issues in his civilian or military history until he arrived at Fort Hood. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant also contends, he was assaulted by his first sergeant during a unit weight in, by him aggressively grabbing him on the front of his neck. The evidence of record shows that the applicant was discharged for making a false official statement regarding his 1SG assaulting him during a weigh in. The applicant additionally contends, he reported the incident and got no help from his command; and the command in his opinion retaliated again him and accused him of lying. 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 applicant would like to reenlist and commissioned in the US Army. 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. 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. 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): Letter of acceptance for Webster University - 2 pages Transcripts - Webster U. - 2 pages Correspondence Northwestern State University - 2 pages U.S. Senator Bill Cassidy Correspondence - 1 page U.S. Senator Bill Cassidy Correspondence from DA - 2 pages b. The applicant presented the following additional contention(s): Change Rentry Eligibility (RE) code. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 19 March 2018, and by a 5-0 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's length of service and as a result it is inequitable. Accordingly, the Board voted to grant relief by changing 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. The board determined the characterization of service and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD Code to: Change SPD Code to JKN f. Change RE Code to: No change to RE Code 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 AR20170009518 4