1. Applicant's Name: a. Application Date: 27 May 2017 b. Date Received: 30 May 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. The applicant seeks relief contending, in effect, he had an honorable service record with no prior adverse actions. He was discharged prior to the verdict in his case, where he was found innocent due to a lack of foundation and was acquitted of the charge. This one incident has negatively affected his military career and civilian life and does not reflect his honorable service leading up to the isolated incident. In a records review conducted at Arlington, VA on 17 August 2018, 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: 8 April 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: NIF (6) Separation Decision Date / Characterization: 18 March 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 May 2012 / 5 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 5 years, 2 months, 19 days d. Prior Service / Characterizations: RA, 20 January 2010 to 8 May 2012 / HD e. Overseas Service / Combat Service: Germany / Hawaii / Turkey / None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, NOPDR, ASR, OSR g. Performance Ratings: 16 May 2013 to 15 May 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: A negative counseling statement, dated 1 December 2014, for driving while intoxicated. Military Police Report, dated 3 December 2014, revealed that the applicant was under investigation for operating a vehicle under the influence of an intoxicant, off post. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 19 December 2014, for driving while under the influence of alcohol on 29 November 2014, in Hawaii. After he was stopped by police for a traffic violation, he was apprehended and transported to the police station where a subsequent breathalyzer test revealed a BAC of .145 percent, thus exceeding the legal limit. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); NCO Evaluation Report (two pages); District Court, First Circuit, State of Hawaii (two pages); DD Form 214; State of Hawaii, Department of the Attorney General, expungement Certificates; and assignment orders 082- 0007 (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 14-12c 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. 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 specific 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 14-12c, by reason of misconduct (serious offense), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as 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 JKQ (i.e., misconduct (serious offense) with a reentry eligibility (RE) code of 3. The applicant's contentions were carefully considered regarding, he had an honorable service record with no prior adverse actions; and this one incident has negatively affected his military career and civilian life and does not reflect his honorable service leading up to the isolated incident. However, the merit of these contentions cannot be substantiated because the facts and circumstances that led to his discharge are not contained in the available record. The applicant further contends, he was discharged prior to the verdict in his case, where he was found innocent due to a lack of foundation and was acquitted of the charge. The applicant submitted an expungement certificate / order by the Attorney General, State of Hawaii, which annulled the applicant record of arrest for operating a vehicle under the influence of an intoxicant. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when action is taken that is tantamount to a finding of guilty, if a punitive discharge is authorized for the same or a closely related offense under the Manual for Courts Martial. If the applicant desires a personal appearance hearing, it is 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 August 2018, 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 AR20170009911 1