1. Applicant's Name a. Application Date: 25 October 2017 b. Date Received: 29 November 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable and a reentry (RE) code change. The applicant seeks relief contending, in effect, had a strong desire to remain in the Army. The applicant rightfully believed the applicant was doing a good job and was led to believe the minor misconduct had been resolved and that the applicant had been punished to the degree necessary to close the incident. The applicant demonstrated the ability to continue a positive performance, as the applicant in fact did for several months following the resolution of the civilian incident. The applicant should not have been discharged merely for the convenience of the Army in avoiding PCS costs or for force reduction. The administrative discharge for misconduct was initiated nearly six months following an incident, which was treated as a minor infraction, merely a few weeks from a normal rotation date, and within a few months of normal separation date for expiration of enlistment. The service was considered "honest and faithful" enough to keep the applicant in the job, but not for AR 135-178 purposes six months later. The applicant had tremendous support for retention from coworkers, supervisors and chain of command, including officers. The applicant was a good reliable and honorable Soldier who should not have been treated in this manner. The applicant should have been allowed to continue a career with the Army and should be allowed to reenlist at this time if the applicant so chooses. The records should be changed appropriately. Since discharge, the applicant is working as communications specialist for a company called Knight Enterprise. The applicant has done phone, internet, and cable installations for the past few years and has become very good at it. The applicant has had zero incidents and a clean background since the 2011 incident and now has a class B commercial driver's license. The applicant also is a certified Locksmith and electrician helper. The applicant rents a four bedroom house, lives with three children, and wants to be a good example and have a clean military background and an honorable discharge. The applicant would like to use educational benefits for the children one day because the applicant is already paying one's own way through college online, which the applicant plans to have earned an Associate's Degree in Engineering Technology within the next year. The applicant understands that driving impaired was a very bad decision and suffers to this day because of it. The general, under honorable conditions discharge, is one of the last negative things hanging over the applicant's head and the applicant would be forever grateful to have this upgraded to reflect honorable service, despite the DUI, which the applicant deserves. An upgrade would also allow the possibly of one day being able to pursue a government position without the red flag or maybe even reenlist for the National Guard. In a records review conducted at Arlington, VA on 28 August 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 (Civil Conviction) / AR 635-200 / Chapter 14, Sec II / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 2 November 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 August 2011 (2) Basis for Separation: The applicant was informed of the following reasons: On 30 April 2011, he operated a privately owned vehicle while intoxicated. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 October 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 October 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 August 2008 / 4 years b. Age at Enlistment / Education / GT Score: 21 / GED / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88N10, Transportation Management Coordinator / 3 years, 2 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: U.S. Notice of Incident, Arrest and Receipt, dated 2 May 2011, reflects the applicant was apprehended on 30 April 2011, for a traffic accident on an unnamed road adjacent the Dongsan Vaterary Clinic, Gyesan*dong, Chung-gµ, Daegu city. Investigation revealed that the applicant, while operating vehicle 1, was traveling toward the Seomun Market and struck vehicle 2's left side with vehicle 1's front right bumper. No injuries were reported, and the applicant was driving under the influence of alcohol. The result of breathalyzer test was 0.136 percent. ECOD is unknown. Summary of Order (memo), dated 20 July 2011, reflects the Daegu District Court issued a summary order in the case of the applicant. The court found the applicant guilty of DUI and sentenced him to a 1,500,000 Won fine. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293, with all allied legal brief; two self-authored statements; three Certificates of Appreciation; U.S Notice of Incident, Arrest and Receipt; Memorandum for Record; Enlisted Record Brief. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he has obtained employment working as communications specialist and has had zero incidents and a clean background since his 2011 incident. He has a class B commercial driver's license, is a certified Locksmith and electrician helper; and, he is pursuing his Associates Degree. 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. 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 "JKB" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, II, misconduct (civil conviction). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKB" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable and a RE code change. The applicant's available record of service, 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. 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 his misconduct was minor isolated incident, and if not for the provisions of Army Regulation 135-178, his service would have been considered honorable. However, as an Active Duty Soldier, the applicant was separated under the provisions of Army Regulation 635-200, which reflects in pertinent part, 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 or the sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation. Further, although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends he was a good reliable and honorable Soldier who should not have been treated in this manner and been allowed to continue his career with the Army. However, 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 contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant desires to rejoin the Military Service. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 August 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 AR20170019395 1