1. Applicant's Name: a. Application Date: 23 August 2017 b. Date Received: 28 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable, a change to narrative reason for discharge and a change to reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that that the applicant would like an upgrade of discharge for the purpose of being able to reenlist. The applicant was given the choice to divorce the wife and stay in the Army or to get out and stay with the wife and kids. The applicant chose to leave the Army and support a family. While looking back, the applicant now believes it might have been the wrong choice to stay with the wife, due to the fact that they are no longer together, but what kind of man would the applicant have been if the applicant had abandoned the family. If the applicant could go back in time, the applicant probably would have chosen to stay in the Army and get out of the toxic relationship. It was a difficult choice and the applicant wishes every day to still be in the Army. The applicant contends that the main issue was that the wife was causing problems for the applicant and the command. If it was not for her constantly calling the MP's and causing other problems, the applicant would still be in the Army today. The applicant has taken care of the problems by getting a divorce and moving on with life, but still wishes to have remained in the Army. Since the main issue was her and the applicant has taken care of it, the applicant believes in being able to continue to serve this great county in the Army. In a records review conducted at Arlington, VA on 10 April 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-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 April 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 March 2008 (2) Basis for Separation: The applicant was informed of the following reasons: violating a lawful order on 7 December 2007; and For having multiple verbal disputes with his wife, which the Military Police was called to his government quarters between 6 July 2007 and 8 December 2007 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 March 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 August 2006 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Operation / 1 year, 7 months, 24 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: CG Article 15, dated 23 January 2008, for disobeying a lawful order from a commissioned officer to restrain from having contact with his wife, an order which he failed to obey by going to her house on 7 December 2007. The punishment consisted of reduction to E-2, forfeiture of $350 pay per month for one month, extra duty and restriction for 14 days (all suspended). Military Police reports, dated 16 July 2007, showing the applicant was the subject of investigation for domestic disturbance. Mental Status Evaluation, dated 23 January 2008, showing the applicant had the capacity to understand and participate in the evaluation and was mentally responsible; he did not reveal any psychiatric conditions or symptoms that would impair his ability to participate in the proceedings. The applicant was able to be process for administrative separation in accordance with AR 635-200, Chapter 14-12b. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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, a change to his narrative reason for discharge 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. 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 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 he was given the choice to divorce his wife and stay in the Army or to get out and stay with his wife and kids. He chose to leave the Army and support his family. While looking back, he now believes it might have been the wrong choice to stay with his wife, due to the fact that they are no longer together, but what kind of man would he have been if he had abandoned his family. He contends that if he could go back in time he probably would have chosen to stay in the Army and get out of the toxic relationship. It was a difficult choice and he wish every day that he was still in the Army. He contends that the main issue was that his wife was causing problems for him and his command. If it was not for her constantly calling the MP' and causing other problems he would still be in the Army today. He has taken care of the problems by getting a divorce and moving on with his life, but he still wishes he could have remained in the Army. Since the main issue was her, and he has taken care of it, he believes that he would be able to continue to serve this great county in the Army. The applicant's contentions were noted; however, evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 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 applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 10 April 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 AR20170015667 1