1. Applicant's Name: a. Application Date: 15 September 2017 b. Date Received: 27 September 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 and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, that his discharge was improper because he was charged with a DUI on 20 March 2015 and was discharged on 30 October 2015 prior to the legal process being completed. The charge of DUI was dropped and completely expunged from his record. He has provided a copy of his complete driving record and a DUI was not listed. He contends his discharge was improper because he lacked competent legal counsel during his discharge proceedings. When he attended his JAG appointment the attorney did not seem interested in helping him and stated, "There is no way for you to fight this". He then provided him the below statement that he had drafted: "I Anthony Parris enjoy being a Soldier and request that discharge proceedings be terminated IAW AR 635-200, paragraph 1-1, c. (3) which states, "The Army makes a substantial investment in training, time, equipment, and related expenses when persons enter into military service. Separation prior to completion of an obligated period of service is wasteful because it results in loss of this investment and generates a requirement for increased accessions. Consequently, attrition is an issue of significant concern at all levels of responsibility within the Army. (a) Diligent efforts will be made to identify Soldiers who exhibit a likelihood for early separation and to improve their chances through counseling, retraining, and rehabilitation prior to initiation of separation proceedings." "Although rehabilitation is not required for Chapter 14-12c, it is prudent and makes sense to do so for a Soldier who is capable and willing. I PFC Parris am capable of performing to standard and can complete my term without further incidents. I respectfully request the opportunity to continue my service. Prior to this incident I was selected and scheduled for promotion to E4 and attendance to WLC which is indicative of my potential." "If termination of separation proceedings is not feasible I request at least suspending the execution of an approved chapter for 12 months. AR 635-200 paragraph 1-18 allows for an approved chapter to be suspended for 12 months. This probation period would allow me to demonstrate my full potential as a Soldier. This action would be beneficial to me as the Soldier and the Army as well as it would preserve the financial investment the Army has made in recruiting, training, and assigning me to my unit. This action would be in keeping with the intent of AR 635-200 paragraphs 1-1, 1-15, and 1-16." The applicant contends his JAG attorney read his statement and then abruptly ended his appointment saying he had some pressing issues and would get back with him. He never did and he never had another appointment. He believes he was just herded through the process without any real advocacy or representation in order to just check the block. He feels this lack of legal counsel was an injustice to him and also the Army as it would have retained a motivated Soldier willing to be rehabilitated. He believes his discharge was inequitable based on the fact that other first term Soldiers in different units across the Army receive different outcomes for the same alleged offense. Many Soldiers are allowed to continue their service without discharge proceedings depending on unit and the discretion of their Command. In a records review conducted at Arlington, VA on 14 September 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 July 2013 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 2 years, 3 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Riley County Police Offense Report, which shows the applicant was arrested for driving under the influence of alcohol. General Officer Memorandum of Reprimand, dated 2 July 2015 shows the applicant was reprimanded for driving under the influence of alcohol on 20 March 2015. The officer detected the odor of an alcoholic beverage coming from him. Standardized field sobriety tests showed multiple signs of impairment. He refused to take a preliminary breath test. He was transported to the Riley County Jail where he submitted to a breath test using the Intoxilyzer 8000 that resulted in a BAC of .141. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; memorandum submitted prior to discharge, dated 2 September 2015; copies of his Florida driving record. 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 his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge. 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 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 signature. 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, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ," with a RE code of 3. 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, reentry code, entered in block 27, 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 regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that his discharge was improper because he was charged with a DUI on 20 March 2015 and was discharged on 30 October 2015 prior to the legal process being completed. The charge of DUI was dropped and completely expunged from his record. He has provided a copy of his complete driving record and a DUI was not listed. He contends his discharge was improper because he lacked competent legal counsel during his discharge proceedings. When he attended his JAG appointment the attorney did not seem interested in helping him and stated, "There is no way for you to fight this". He believes he was just herded through the process without any real advocacy or representation in order to just check the block. He feels this lack of legal counsel was an injustice to him and also the Army as it would have retained a motivated Soldier willing to be rehabilitated. He believes his discharge was inequitable based on the fact that other first term Soldiers in different units across the Army receive different outcomes for the same alleged offense. Many Soldiers are allowed to continue their service without discharge proceedings depending on unit and the discretion of their Command. The applicant's contentions were noted; however, it is unknown if these contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. Also, it should be noted there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. 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 complete 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 the applicant was provided full administrative due process 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 14 September 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 AR20170014630 1