1. Applicant's Name: a. Application Date: 22 November 2017 b. Date Received: 17 January 2018 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, on October 12, 2014, was charged by a civilian Police Department with DUI. The separation under AR 635-200, paragraph 14-12c was initiated two days later, with a recommendation for a general (under honorable conditions) discharge. The conditional waiver contingent upon receiving an honorable characterization of service was denied. On March 11 2015, the separation board sustained the general (under honorable conditions) discharge. Subsequently, on 10 April 2015, the DUI charge was reduced to reckless driving and finalized. The applicant was advised to appeal to the Discharge Review Board with this new information after being discharged. The applicant was discharged two months later, on 12 June 2015. During the separation proceedings, the applicant adhered to the professionalism of a Noncommissioned Officer, completed the duties, and successfully led and trained Soldiers through the NTC rotation and exercise. The applicant was not removed from the position until after the board in March 2015. The applicant completed all sentence requirements, including ASAP screening and the Primed for Life program prior to discharge. The applicant is under no probations or restrictions, nor committed any crime in any state since the Reckless Driving. The applicant intends to continue with the request to upgrade the discharge in the most appropriate manner while following all necessary steps to complete the change. The applicant understands that prior to a personal appearance, the applicant would first apply online. Without a DUI conviction and displaying professionalism throughout that process, and an exemplary military record prior to the incident, the discharge should be upgraded to Honorable. With sincere humility and a plea, the applicant requests leniency with the incident that transpired. In a records review conducted at Arlington, VA on 6 March 2020, 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, and a prior period of honorable service. 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: 28 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 December 2014 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant committed a serious offense for which the specific circumstances warrant separation and a punitive discharge would be authorized for the same or closely related offense under the MCM. Specifically, on 12 October 2014, the applicant operated a motor vehicle while under the influence of alcohol with a "BrAC" of 0.156 percent. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 17 December 2014 (5) Administrative Separation Board: 27 April 2015, General (Under Honorable Conditions) (6) Separation Decision Date / Characterization: 12 May 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 January 2010 / 5 years (subsequent reenlistment or extension NIF) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 119 c. Highest Grade Achieved / MOS / Total Service: E-6 / 13R30, Field Artillery Firefinder Radar Operator / 7 years, 8 months, 12 days d. Prior Service / Characterizations: RA (17 October 2007 to 24 January 2010) / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (16 December 2009 to 12 December 2010), Afghanistan (22 March 2012 to 8 December 2012) f. Awards and Decorations: ARCOM-4; AGCM,-2; NDSM; ACM-CS; ICM-2CS; GWOTSM; KDSM; NCOPDR-2; ASR; OSR-3; NATO MDL; MUC g. Performance Ratings: Four NCOERs: 1 November 2011 thru 31 October 2012, Among the Best 1 November 2012 thru 15 April 2013, Among the Best 16 April 2013 thru 15 April 2014, Fully Capable 16 April 2014 thru 15 April 2015, Marginal h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand with its associated documents, dated 4 February 2015, indicates the applicant was reprimanded for driving under the influence of alcohol on 12 October 2014. Report of Proceedings by Board of Officers with its summarized proceedings and the findings and recommendations, reports that the administrative separation board that convened on 27 April 2015, found the applicant wrongfully operated a motor vehicle while under the influence of alcohol on 12 October 2014. The board recommended a general (under honorable conditions) discharge. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, DD Form 214; memorandum for record, dated 14 October 2014; Memorandum, dated 11 March 2015, disapproved the request for conditional waiver; applicant-authored statement; and district court Judgment showing reduced offense of reckless driving. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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, 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 document 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, as a Soldier, had the duty to support and abide by the Army's drug policies. 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incident of misconduct, and his post-service conduct, 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 6 March 2020, 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, and a prior period of honorable service. 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 AR20180000816 1