1. Applicant's Name: a. Application Date: 11 October 2017 b. Date Received: 16 October 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, enlisted at an early age. The applicant realized the cognitive functions are the most valuable asset. The applicant also realizes the importance of order, structure, and governance. The applicant's character has matured and encouraged through the test of time. Since discharge, the applicant had the opportunity to contrast military life with civilian life. The applicant is now equipped with becoming a leader through experiences in life, including being trained as a Soldier on tactics-was informed of being an excellent wartime Soldier, but that the applicant needed to work on discipline as a garrison Soldier. The applicant has learned diplomacy skills on how to network with others. The applicant has earned an Associate's Degree in heating and air conditioning technology-had a 3.4 GPA. The mistakes that were made when young and less intellectually have hindered the applicant. The current discharge obscures the applicant's talents, who a lot of potential to contribute to the country and does not want to waste it. 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 Adjustment Disorder with disturbance of emotions and conduct and Partner Relational Program. The applicant is 20% service-connected for BH diagnoses from the VA. The VA has diagnosed the applicant with Schizophrenia. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 16 August 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of OBH), a prior period of honorable service, and post-service accomplishments. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 16 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 February 2014 (NIF) and 11 March 2014 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was involved in a domestic violence incident with his wife. On 16 December 2013, he assaulted his wife by approaching her with a knife. ON 15 December 2013, he violated a lawful command of CPT J.D.R. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 27 February 2014, and 11 April 2014 (5) Administrative Separation Board: 11 April 2014, conditionally waived, contingent upon receiving no less than a general (under honorable conditions) discharge (6) Separation Decision Date / Characterization: General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 December 2009 / 6 years b. Age at Enlistment / Education / GT Score: 20 / GED / 107 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B1P, Combat Engineer / 6 years, 7 months, 1 day d. Prior Service / Characterizations: RA (16 October 2007 to 23 December 2009) / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (13 July 2011 to 27 April 2012), Iraq (1 June 2009 to 1 June 2010) f. Awards and Decorations: AAM-3; AGCM; NDSM; ACM-2CS; ICM-CS; GWOTSM; ASR; OSR-2; MUC; NATO MDL; CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 11 October 2017; community college transcript; and Technical Community College Certificate, dated 15 May 2017. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence reflects that he earned certification for Basic Air Conditioning, Heating, and Refrigeration, and Associate's in Applied Science. 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, paragraph 14-12c, 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. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that 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. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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 contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends the mistakes he made when he was young and less intellectually have hindered him, and his current discharge obscures his talents from employers. Essentially, the applicant contends that an upgrade of his discharge would allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 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 16 August 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH), a prior period of honorable service, and post-service accomplishments. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20170017832 1