1. Applicant's Name: a. Application Date: 31 March 2017 b. Date Received: 9 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, he was called racial slurs when he processed out. He was informed that he would be able to change his discharge to honorable upon submission. He has since enlisted in the US Army Reserve and served honorably for four years. He deserves an honorable discharge on his DD Form 214. In a records review conducted at Arlington, VA on 3 October 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b, b. block 26, separation code changed to JKA, and c. block 28, narrative reason for separation changed to Pattern of Misconduct. (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: 19 September 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 August 2002 (2) Basis for Separation: The applicant was informed of the following reasons: For AWOLs, FTRs, disrespecting a noncommissioned officer, etc. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 August 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 September 2002 / General (Under Honorable Conditions) (Under the provisions of AR 635-200, Chapter 14, paragraph 14- 12b for pattern of misconduct) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 June 2001 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 3 months, 3 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DA Forms 4187 (Personnel Actions) reflect the following dates and changes to the applicant's duty statuses: Dated 27 February 2002, from PDY to AWOL, effective 27 February 2002. Dated 15 July 2002, from PDY to AWOL, effective 14 July 2002. Dated 16 July 2002, from AWOL to PDY, effective 16 July 2002. Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on several occasions; failing to obey a direct order on several occasions; being AWOL/repeated absences; disrespecting an NCO; and being recommended for separation due to pattern of misconduct. CG Article 15, dated 29 July 2002, for being AWOL on 14 July 2002, and remaining absent until 16 July 2002. The punishment consisted of a reduction to E-2, forfeiture of $289 (suspended), and 14 days of extra duty and restriction. Report of Mental Status Evaluation, dated 31 July 2002, reports that the applicant was cleared for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: 3 days (AWOL: 14 June 2002 to 16 June 2002) / The applicant returned to his unit. (Note that the separation file contains an Article 15 that refers to the AWOL period as from 14 July 2002 to 16 July 2002.) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 31 March 2017; DD Form 214; and USAR discharge Orders, dated 4 May 2012. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence shows he served in the US Army Reserve for four years and received an honorable discharge. 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. 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, Pattern of Misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that 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. The applicant, by the pattern of misconduct, knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The service record further reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14- 12c, block 26 separation code as "JKQ," and block 28, narrative reason for separation as "Misconduct." Therefore and as approved by the separation authority, the following administrative corrections are warranted: a. block 25, separation authority to AR 635-200, Chapter 14-12b; b. block 26, separation code to JKA; c. block 28, reason for separation to Pattern of Misconduct. 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 contends that he was harrassed with racial slurs. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant's issue about being able to submit for an upgrade to honorable, is based upon each case being decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 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 3 October 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b, b. block 26, separation code changed to JKA, and c. block 28, narrative reason for separation changed to Pattern of Misconduct. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Pattern of Misconduct d. Change Authority to: AR 635-200, paragraph 14-12b e. Change SPD / RE Code to: JKA / 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 AR20170011572 1