1. Applicant's Name: a. Application Date: 23 December 2017 b. Date Received: 5 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, the narrative reason as it stands is a determent on the applicant's future in becoming a state certified general contractor. The applicant hopes that this isolated incident does not to continue to be a shadow and burden on the future. In a records review conducted at Arlington, VA on 19 February 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 (Civil Conviction) / AR 635-200, Chapter 14, SEC II / JKB / RE-3 / Honorable b. Date of Discharge: 8 April 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 27 January 2017 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was found guilty of assault by a Japanese civilian court. His punishment was a fine of 500,000 yen (6 October 2016); and he violated Command Policy Memorandum, by remaining off-installation in a public location during curfew hours and consuming alcohol in a public location during the designated curfew hours (7 February 2016). (3) Recommended Characterization: The unit and intermediate commanders recommended an Under Other Than Honorable Conditions discharge. The senior intermediate commander recommended a General (Under Honorable Conditions) discharge. (4) Legal Consultation Date: 2 February 2017, the applicant requested his case be heard by an administrative separation board. (5) Administrative Separation Board: On 10 February 2017, the separation approving authority referred the applicant's case to an administrative separation board. On 13 February 2017, the applicant was notified to appear before an administrative separation board and advised of his rights. On 20 March 2017, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of General, Under Honorable Conditions. After the separation approving authority's careful consideration of all matters, he direct the applicant discharge with an Honorable characterization of service. (6) Separation Decision Date / Characterization: 27 March 2017 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 August 2012 / 4 years b. Age at Enlistment / Education / GT Score: 24 years / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-5 / 31B20, Military Police / 8 years, 6 months, 22 days d. Prior Service / Characterizations: RA, 17 August 2008 to 1 August 2012 / HD e. Overseas Service / Combat Service: Japan f. Awards and Decorations: ARCOM, AAM-3, AGCM-2, NDSM, GWOTSM, NOPDR, ASR g. Performance Ratings: 1 February 2015 to 31 January 2016, Met Standard h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 21 October 2016, relates the applicant was screened for PTSD and TBI. These conditions were either not present or, if present, did not meet AR 40-501 criteria for a medical evaluation board. He was cleared for Chapter 14 separation from the military. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application he is working to obtain his bachelor's 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, SEC 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 requests a change to the narrative reason for separation to include the RE code. The applicant's record of service and the issues submitted with his application were carefully reviewed. The applicant requested a change to the narrative reason for separation to include RE code. AR 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, Sec II, misconduct (civil conviction). The regulation further stipulates that no deviation is authorized. 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. The applicant seeks relief contending, his narrative reason as it stands is a determent on his future in becoming a state certified general contractor. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant further contends, he hopes that this isolated incident does not to continue to be a shadow and burden on his future. 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 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 19 February 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 AR20180004802 1