1. Applicant's Name: a. Application Date: 17 August 2017 b. Date Received: 24 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, had 30 days to have a valid family care plan which the applicant informed the chain of command about not having a completed plan. The applicant was discharged under Chapter 14-12c for alcohol abuse and was never enrolled in the Army Substance Abuse Program (ASAP). The applicant believes the case was mishandled and could have been discharged earlier if the Chapter 8 was forwarded. In a records review conducted at Arlington, VA on 27 March 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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 14 February 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 20 December 2016 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she struck Mrs. X., with her vehicle while under the influence of alcohol. (3) Recommended Characterization: The unit and senior intermediate commanders recommended an Under Other Than Honorable Conditions discharge. The intermediate commander recommended a General (Under Honorable Conditions) discharge. (4) Legal Consultation Date: 4 January 2017 (5) Administrative Separation Board: The applicant waived consideration of her case by an administrative separation board. (6) Separation Decision Date / Characterization: 2 February 2017 / Under Other Than Honorable Conditions / The separation authority referred to the applicant as a male when barring the applicant from post in his memorandum. This appears to be a typographical error and would not have changed or affected her being barred from post. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 November 2015 / 4 years b. Age at Enlistment / Education / GT Score: 26 years / 3 years college / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 4 years, 1 month, 1 day d. Prior Service / Characterizations: RA, 2 January 2013 to 23 November 2015 / HD e. Overseas Service / Combat Service: Korea f. Awards and Decorations: AAM-3, AGCM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 27 October 2016, relates that the applicant was screened for PTSD and TBI. These conditions are either not present or, if present, do not meet AR 40-501 criteria for a medical evaluation board. There was no evidence of a psychiatric disease or defect warranting disposition through medical channels. She was psychologically cleared for chapter separation. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 5 January 2017, for failing to obey a police officer's lawful request to conduct a test to measure the alcohol content of your blood, breath, or urine. The applicant received several monthly / performance counseling statements; not being recommended for promotion, being flagged and pregnancy counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); applicant's handwritten statement five pages); Texas Department of Public Safety document (two pages); District Clerk, Letter of clearance; family care plan checklist (four pages); and OMPT documents (44 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. 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 under other than honorable conditions to general (under honorable conditions) or honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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 her service below that meriting a general (under honorable conditions) or 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 she should have been retained on Active Duty. The applicant requests 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, she had 30 days to have a valid family care plan which she informed her chain of command she did not have a completed plan. The record of evidence shows that the applicant was counseled for not having a valid family care plan. However, the record further shows she was discharged under the provisions of Chapter 14-12c, by reason of misconduct (serious offense). The applicant further contends, she was discharged under Chapter 14-12c for alcohol abuse and was never enrolled in the Army Substance Abuse Program (ASAP). The record of evidence conveys that the applicant was discharged for striking Mrs. X., with her vehicle while under the influence of alcohol. AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the ASAP counseling center for assistance. The applicant also contends, she believes her case was mishandled and she could have been discharged earlier if her Chapter 8 was forwarded to the next level. 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. Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 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 27 March 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 AR20170013633 1