1. Applicant's Name: a. Application Date: 31 August 2017 b. Date Received: 6 September 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change to narrative reason for discharge to medical board/honorable. The applicant seeks relief contending, in effect, that would like an upgrade of discharge for the purpose of obtaining employment as a police officer. The applicant was separated from the military due to getting two felony charges on the civilian side, however the chain of command was aware that the charges were going to be dropped and expunged off the record. The applicant honestly feels the chain of command was on a high horse of discharging Soldier's due to the militaries goal of downsizing. Not only did the chain of command know the charges were being dropped and being expunged from record, the applicant was also at the end of a medical board separation process, however the medical board was stopped and was separated from the military instead of receiving a 100% service-connected disability. The applicant is now requesting that the narrative reason for separation be changed from "serious offense committed." With the current narrative reason for separation, the applicant has been denied employment with any organization dealing with law enforcement. The applicant has worked very hard to obtain a Bachelors of Art in Criminal Justice. The applicant's goal since a child was to be a military police and become Sergeant Major of the Army, however due to separation, the applicant would still like to achieve the goal of being a police officer, to serve and protect the community. The civilian record has been expunged and the applicant thinks it's only right that the military record be expunged. The applicant was very successful in the military until arriving to Fort Bragg, where things weren't equal and the moral was very bad. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Bereavement. The applicant is 30% service-connected for PTSD through the VA. The VA has also diagnosed the applicant with PTSD. In summary, the applicant had a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 29 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: 12 August 2014 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; however, the unit commander's recommendation memorandum shows that on 21 June 2012, the applicant converted his vehicle to a shuttle service constituting off-duty employment without permission from the Company Commander; Wrongfully impersonated a military police officer by sounding a law enforcement air horn to stop another vehicle for speeding on 17 February 2012; Failing to go to his place of duty at the appointed time on 28 March 2013; and Exploiting J.B., through domestic neglect with injury to J.B., unlawfully obtaining $4,276.85 of J.B. funds, and failed to provide medical care to J.B. between 1 October 2012 and 31 July 2013. (3) Recommended Characterization: NIF; evidence in the record shows that the intermediate commander recommended General (Under Honorable Conditions) and the senior intermediate commander recommended under other than honorable conditions. (4) Legal Consultation Date: On 17 December 2013, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than general (under honorable conditions) On 16 January 2014, the applicant's conditional waiver was disapproved and the applicant's case was referred to an Administrative Separation Board to determine whether he should be separated from the United States Army prior to the expiration of his term of service, pursuant to the provisions of Army Regulation 635-200, Chapter 14, and paragraph 14-12c. (5) Administrative Separation Board: NIF; however, a legal review dated 1 May 2014, shows that on 14 March 2014, an administrative separation board convened and recommended that the applicant be separation from the United States Army with a general (under honorable conditions) discharge (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 October 2010 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92A10, Automated Logistical / 6 years, 2 months, 6 days d. Prior Service / Characterizations: RA, 24 June 2008 to 10 October 2010 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (25 February 2010 to 5 February 2011) f. Awards and Decorations: ARCOM, AAM-3, AGCM, NDSM, GWOTSM, ACM-2CS, ASR, OSR, NATOMDL g. Performance Ratings: 1 February 2011 to 15 August 2011, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 18 February 2012, which shows the applicant was the subject of investigation for impersonation of an agent-member of the military police. FG Article 15, dated 25 July 2012, for disobeying a lawful written order by wrongfully obtaining off duty employment without the written permission from the Company Commander on 21 June 2012 and wrongfully and willfully impersonating an agent of superior authority of the Army by sounding a law enforcement air horn and identifying himself as an undercover Military Police Officer on 17 February 2012. The punishment consisted of reduction to E-4, forfeiture of $1,078 pay per month for two months, extra duty and restriction for 45 days, and oral reprimand. CG Article 15, dated 7 May 2013, for failing to go to his appointed place of duty on 28 March 2013. The punishment consisted of reduction to E-3, forfeiture of $470 pay (suspended), and extra duty for 14 days (suspended). Counseling statements for failure to obey orders or regulations, company policy, and impersonation of a Military Police Officer. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Court Documents dismissing and expunging the charges that pending against him. 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 to medical board/honorable. 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 complete 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 he was separated from the military due to getting two felony charges on the civilian side, however his chain of command was aware that the charges were going to be dropped and expunged off of his record. He honestly feels his chain of command was on a high horse of discharging Soldier's due to the militaries goal of downsizing. Not only did his chain of command know the charges were being dropped and being expunged of his record he was also at the end of a medical board separation process, however his medical board was stopped and he was separated from the military instead of receiving his 100% service connected disability. The applicant's contentions were noted; however, it is unknown if these contentions have merit because the complete 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, the evidence submitted by the applicant showing his case was dismissed and expunged off of his record was noted; however, it appears this was the result of the plaintiff failing to appears on the scheduled trail date and prosecute the action. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial. The applicant expressed his desire for an upgrade of his discharge for the purpose of obtaining employment as a police officer. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 29 April 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20170016421 5