1. Applicant's Name: a. Application Date: 14 January 2018 b. Date Received: 19 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 and a change to narrative reason for discharge. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to serve the country again. The applicant contends that the discharge should be upgraded based on over use of power by the First Sergeant at the time. The applicant contends that the applicant's military education has nothing listed. The applicant doesn't have any paperwork due to a divorce at the time of separation, but did have an Air Assault Award Certificate. The applicant also knows that the applicant went through basic and infantry school, and BLS training which are not labeled. Also the last rank was a SPC/E-4 when the applicant was separated. The applicant was a great Soldier while in the military and did a tour to Iraq. The applicant does not think the military career should be tarnished by the work of one man. The applicant has many men and women that the applicant has served with that will stand for the applicant if need to voice that the career was thrown out wrongfully by one man. The military was all the applicant had, the brotherhood is what the applicant wants, and the applicant wants nothing more than to serve the country with honor and pride. In a records review conducted at Arlington, VA on 3 April 2020, 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 / General (Under Honorable Conditions) b. Date of Discharge: 16 January 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 January 2010 (2) Basis for Separation: The applicant was informed of the following reasons: for his history of disobeying lawful orders, failure to repair, being AWOL, and stealing sunglasses from the Post Exchange (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 January 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 January 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 October 2008 / 5 years b. Age at Enlistment / Education / GT Score: 29 / GED / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 3 months, 11 days d. Prior Service / Characterizations: RA, 21 September 2006 to 7 October 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq (15 October 2007 to 17 November 2008) f. Awards and Decorations: ARCOM, AAM-2, NDSM, ICM-CS, GWTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 16 October 2009, which indicates the applicant was the subjected of investigation for theft of AAFES Property. FG Article 15, dated 23 December 2009, for stealing sunglasses of a value of about $104.00 and $122.00 the property of the PX on 16 October 2009. The punishment consisted of reduction to E-1, forfeiture of $699.00 pay per month for two months (suspended), and extra duty and restriction for 45 days. Several negative counseling statement various acts of misconduct and duty performance. i. Lost Time / Mode of Return: AWOL 14 days (7 December 2009 to 20 December 2009) / surrendered and 1 days (6 January 2010 to 16 January 2010). j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 October 2009, which indicates the applicant was mentally sound and able to appreciate any wrongfulness in his conduct and to conform his conduct to the requirement of the law. The applicant had the mental capacity to understand and participate in board or there administrative proceedings. It was noted the applicant was under a treatment plan and that he may have qualified for a Chapter 5-17 (due to extensive AHLTA HX). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Air Assault School certificate; and DD Form 214 for the period of service under review. 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. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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 evidence of record shows the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (serious offense)," and the separation code is "JKQ." 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 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 appropriate RE code is 4. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that his discharge should be upgrade based on over use of power by his First Sergeant at the time; that he was a great Soldier while in the military, he did a tour to Iraq. He does not think his military career should be tarnished by the work of one man. He has many men and women that he has served with that will stand for him if need to voice that his career was thrown out wrongfully by one man. The military was all he had, the brotherhood is what he wants, and he wants nothing more than to serve his country with honor and pride. The applicant's contention were noted; however, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 expressed his desire for an upgrade of his discharge for the purpose of being able to serve his country again. 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 the applicant was provided full administrative due process. It should be noted; that the applicant also made reference to his military education not being listed. He doesn't have any paperwork due to a divorce at the time of separation, but he did have an Air Assault Award Certificate and that he also knows that he went through basic and infantry school, and BLS training which are not labeled and that his last rank was a SPC/E-4 when he was separated. The issues of concern by the applicant's regarding changes to the DD Form 214 do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 April 2020, 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 AR20180001474 1