1. Applicant's Name: a. Application Date: 13 December 2017 b. Date Received: 10 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, was assaulted by a drill sergeant, reported it and the drill sergeant was arrested and released by order of the Company Commander. The applicant was denied the opportunity to go to physical therapy at Fort Bliss and Fort Eustis for heel spurs. The applicant was wrongfully denied an open hearing for an unjust punishment as result of an Article 15. The applicant was diagnosed with bone abnormalities in the right heel and was mentally and emotionally rapped and physically assaulted. The applicant wants to be reinstated in the Army as an E-7 with 15 years pay experience, not go to war, a member of the Army Drill Team, a drill sergeant and compensated $50 million. In a records review conducted at Arlington, VA on 14 January 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 / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 December 2002 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 21 November 2002 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he received a FG Article 15 on 30 October 2002, for disobeying a lawful order and being AWOL; he was AWOL from (12 October 2002 until 23 October 2002); he refused to do physical fitness training and he refused to change into his BDUs and go to school (9 October 2002); and he was insubordinate to SFC B.J.C. and failed to obey a lawful order (28 October 2002). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 November 2002 (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 3 December 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 May 2002 / 3 years b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88H10, Cargo Specialist / 6 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 30 October 2002, for having knowledge of a lawful order issued by Drill Sergeant C., ''Go upstairs and change into your BDUs." an order which it was his duty to obey, did, fail to obey the same by refusing to change his clothes (9 October 2002); and without authority, absented himself from his unit (12 October 2002); reduction to PVT / E-1, forfeiture of $552 pay for two months and correctional custody for 30 days. Report of Mental Status Evaluation, dated 1 November 2002, relates the applicant was psychiatrically cleared for any administrative action deemed appropriate by Command. He received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL x2 for 14 days, 10 August 2002 until 11 August 2002 for 2 days, and 12 October 2002 until 23 October 2002 for 12 days, mode of return for both periods are unknown. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 Army allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter, paragraph 14-12b, misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's record of service and the issues 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 requests a change to the narrative reason for separation. 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 "JKF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, misconduct. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he was assaulted by a drill sergeant, he reported it and the drill sergeant was arrested and released by order of the company commander; and he was denied the opportunity to go to physical therapy at Fort Bliss and Fort Eustis for heel spurs; and he was mentally and emotionally rapped and physically assaulted. The applicant bears the burden of presenting substantial and credible evidence to support these contentions. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was he was assaulted by a drill sergeant, denied the opportunity to go to physical therapy for heel spurs and he was mentally, emotionally rapped and physically assaulted. The applicant further contends, he was wrongfully denied an open hearing for his unjust punishment as result of his Article 15. On 30 October 2002, the applicant checked the block on the FG Article 15 requesting an open hearing and a person to speak in his behalf. The applicant also contends, he was diagnosed bone abnormalities in his right heel. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. The applicant wants to be reinstated in the Army as an E-7 with 15 years pay experience, not go to war, a member of the Army Drill Team, a drill sergeant and compensated $50 million dollars. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization 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. 10. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 14 January 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20180002502 1