1. Applicant's Name: a. Application Date: 30 May 2017 b. Date Received: 23 June c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests through legal counsel for an upgrade of general (under honorable conditions) discharge to honorable, a change of narrative reason for discharge from misconduct (serious offense) to Secretarial Authority, and a change to reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that in light of the facts and arguments presented in the application, the applicant demonstrated that the discharge was riddled with material procedural and factual errors. The applicant contends that taken in conjunction, theirs errors undoubtedly prove that the discharge was wholly improper, especially when the significance of using the due process rights against the applicant were taken into consideration. Furthermore, the applicant's exceptional achievements since being discharge and the character references written by Soldiers that served with the applicant are truly indicative of the character, integrity, and dedication. When the totality of the circumstances are considered here, it becomes clear that the applicant's actions did not warrant an unfavorable discharge and reason for separation. In a records review conducted at Arlington, VA on 8 January 2020, 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: 5 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 June 2013 (2) Basis for Separation: The applicant was informed of the following reason: wrongfully operating a vehicle while under the influence of alcohol on 2 February 2013. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 June 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 July 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 February 2010 / 4 years b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 3 years, 5 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 14 February 2013, which shows the applicant was the subject of investigation for operating a vehicle while under the influence of an intoxicant. CID Report, dated 25 February 2013, showing the applicant was the subject of investigation for operating a vehicle under the influence of an intoxicant and fleeing the scene of a traffic accident. General Officer Memorandum of Reprimand, dated 12 March 2013, for refusing to take a breathalyzer while suspected of operating a motor vehicle on 2 February 2013, while under the influence of alcohol. According to the arrest report, he was involved in a hit and run of a parked vehicle. Upon making contact, the police officer detected a strong odor of alcohol emanating from his breath as he spoke. He was administered a field sobriety test, which he performed poorly. Next, he was apprehended and transported to the police station where he was advised of the Hawaii Implied Consent Law. He refused all methods to determine his blood alcohol content. Refusing a blood alcohol test when suspected of operating a motor vehicle while intoxicated was grounds for reprimand under AR 190-5, Motor Vehicle Traffic Supervision, 22 May 2006, paragraph 2-7a(2). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 21 May 2013, which shows the applicant was diagnosed with an Axis I for Adjustment Disorder. It was noted that the applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. There was no evidence of a psychiatric condition which would prevent him from participating in any legal or administrative actions. The applicant was mentally responsible for his behavior and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; legal brief; enlisted record brief; self- authored statement; military police report; polygraph examination report; report to suspend favorable personnel actions (FLAG), General Officer Memorandum of Reprimand; resume; reference letters; separation packet; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has worked steadily and has continued to grow as an individual; he accepted a sales position with Am-One, where he has been a top producer for his company for 10 out of 12 months. He has also earned his Bachelor of Arts in Emergency and Disaster Management from American Military University. 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 through legal counsel for an upgrade of his general (under honorable conditions) discharge to honorable, a change of his narrative reason for discharge from misconduct (serious offense) to Secretarial Authority, and a change to his reentry eligibility (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. Furthermore, by violating the Army's policy on drinking a driving, the applicant compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol policies. By drinking and driving, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. 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 evidence of record shows the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." 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 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 appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that in light of the facts and arguments presented in his application he demonstrated that his discharge was riddled with material procedural and factual errors. The applicant contends that taken in conjunction, theirs errors undoubtedly prove that the discharged was wholly improper, especially when the significance of using his due process rights against him was taken into consideration. Furthermore, the applicant's exceptional achievements since being discharge and the character references written by Soldiers that served with him are truly indicative of his character, integrity, and dedication. When the totality of the circumstances are considered here, it becomes clear that the applicant's actions did not warrant his unfavorable discharge and reason for separation. The applicant's contentions were noted and he is to be commended on his post-service accomplishments. However, according to the arrest report, he was involved in a hit and run of a parked vehicle. Upon making contact, the police officer detected a strong odor of alcohol emanating from his breath as he spoke. He was administered a field sobriety test, which he performed poorly. Next, he was apprehended and transported to the police station where he was advised of the Hawaii Implied Consent Law. He refused all methods to determine his blood alcohol content. 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. 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 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 character of the applicant's discharge is commensurate with his overall service 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 8 January 2020, 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 AR20170012936 1