1. Applicant's Name: a. Application Date: 7 September 2017 b. Date Received: 25 September 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) and a change to his narrative reason for discharge to medical. The applicant seeks relief contending, in effect, that his discharge was inequitable because it was based on one isolated incident in over 14 years of otherwise honorable service. He contend he had almost completed the MEB/PEB process with a 70 percent disability rating upon discharge. His coconspirator and service member received a more favorable discharge (general, under honorable conditions) even though he spent less time in service and had a spotty record. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with Adjustment Disorder and Depression. However, due to the basis for separation not being in the applicant's file, a nexus between OBH and the misconduct cannot be determined. AHLTA indicates he pled guilty and was convicted of stealing and selling government property on ebay. Based on the available documentation, there are no mitigating BH conditions for this offense. In a records review conducted at Arlington, VA on 12 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 / Under Other Than Honorable Conditions b. Date of Discharge: 15 February 2017 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: 11 January 2017 / Under Other Than Honorable Conditions It should be noted the separation authority carefully considered the applicant's separation packet, he reviewed the recommendation of the chain of command, the administrative separation board, and the Physical Evaluation Board. Based upon his review, he determined that the applicant's medical condition was not a direct or substantial contributing cause of the conduct displayed. Furthermore, pursuant to ALARACT 026/2016, he reviewed and considered the applicant's mental and physical health diagnoses. He determined that the applicant's mental and physical health condition was not a direct or substantial contributing cause of the conduct displayed. Other circumstance did not warrant disability processing. Therefore, his case was not be processed through medical disability channels. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 July 2012 / 5 years b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91F10, Small Arms/ Artillery / 10 years, 7 months, 19 days d. Prior Service / Characterizations: RA, 27 June 2000 to 26 June 2006 / NIF (Base on DD Form 214 under review) RA, 27 June 2006 to 19 July 2012 / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (28 August 2009 to 18 July 2010) f. Awards and Decorations: ARCOM-2, AAM-3, MUC, AGCM-3, NDSM, ACM-2CS, GWOTSM, NCOPDR-2, ASR, OSR-2, MOVSM, NATOMDL g. Performance Ratings: 1 October 2011 to 24 February 2014 (three reports), Fully Capable 24 February 2014 to 23 February 2015, Among The Best 24 February 2015 to 23 February 2016, Qualified h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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 under other than honorable conditions discharge to general (under honorable conditions) and a change to his narrative reason for discharge to medical. 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 his discharge was inequitable because it was based on one isolated incident in over 14 years of otherwise honorable service. He contend he had almost completed the MEB/PEB process with a 70 percent disability rating upon discharge. His coconspirator and other service member received a more favorable discharge (general, under honorable conditions) even though he spent less time in service and had a spotty record. 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 12 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 AR20170016591 1