1. Applicant's Name: a. Application Date: 18 January 2018 b. Date Received: 6 February 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change of narrative reason for discharge to completion of required active service. The applicant seeks relief contending, in effect, that the discharge was inequitable, owning to the fact that it was based on one isolated incident in over two years and three months of honorable and faithful service with no other adverse actions. The applicant contends that the case was a case of double jeopardy, the applicant was punished three time for one offense. The applicant received a letter of reprimand, Article 15, and was discharged for one offense. The applicant was discharged and other Soldiers in the same chain of command got away with impunity; this would be infraction of justice. They had similar and worse offenses, but they were given orders to a new unit to get a fresh start or the received counseling and rehabilitation to get the help they all deserve. This was clearly an example of a double standard of how that command dealt with similar cases and their lack of consistency and fair treatment for all. The applicant was not given new orders to get a fresh start or even worse, the applicant was not offered to be sent to rehabilitation to deal with the issues. The applicant believes if the applicant had the proper mentorship and guidance from the chain of command, the applicant would still be serving proudly. Unfortunately, the applicant cannot even use the 9/11 GI Bill to go to school to further an education or come back into the Army which the applicant loved so much because of this unfair discharge. In a records review conducted at Arlington, VA on 17 April 2020, and by a 3-2 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: 2 April 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 February 2016 (2) Basis for Separation: The applicant was informed of the following reason: for driving a passenger care while drunk on 4 October 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 February 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 March 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 July 2013 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 2 years, 8 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Law Enforcement Report, dated 7 January 2016, which indicates the applicant was the subject of investigation for drunken driving and traffic accident resulting in damage to private property. General Officer Administrative Reprimand, dated 25 January 2016, for operating a motor vehicle while intoxicated on 4 October 2015, in Nuernberg, Germany. The police administered a breath alcohol test, with the result of 0.184 grams per 210 liters of breath. She was then transported to Nuernberg, German police station and administered a blood alcohol test, which resulted in blood alcohol content of 0.137 grams of alcohol per 100 milliliters of blood. The reprimand was imposed as an administrative measure under the provisions of AR 600-37 and not as punishment under Article 15, UCMJ. FG Article 15, dated 29 January 2016, for physically controlling a vehicle, to wit: a passenger car, while drunk on 4 October 2015. The punishment consisted of reduction to E-2, forfeiture of $878.00 pay per month for two months (suspended), extra duty for 45 days, and oral reprimand. Negative counseling statement for driving under the influence and pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letters of support/recommendation; 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 her general (under honorable conditions) discharge to honorable and a change of her narrative reason for discharge to completion of required active service. The applicant's record of service, the issues and documents submitted with her 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. Furthermore, by violating the Army's policy on the use of alcohol, the applicant compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol policies. By abusing alcohol, the applicant knowingly risked a military career and diminished the quality of her service below that meriting a honorable discharge. 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 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that her discharge was inequitable, owning to the fact that it was based on one isolated incident in over two years and three months of honorable and faithful service with no other adverse actions. The applicant contends that her case was a case of double jeopardy, she was punished three time for one offense. She received a letter of reprimand, Article 15, and was discharged for one offense. She was discharged and other Soldiers in the same chain of command got away with impunity; this would be infraction of justice. They had similar and worse offenses, but they were given orders to a new unit to get a fresh start or the received counseling and rehabilitation to get the help they all deserve. This was clearly an example of a double standard of how that command dealt with similar cases and their lack of consistency and fair treatment for all. The applicant contends she was not given new orders to get a fresh start or even worse she was not offered to be sent to rehabilitation to deal with her issues. She believes if she had the proper mentorship and guidance from her chain of command, she would still be serving proudly. Unfortunately, she cannot even use her 9/11 GI Bill to go to school to further her education or come back into the Army which she loved so much because of this unfair discharge. The applicant's contentions were noted; although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. It should be noted, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. Also; AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self- referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. 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 her overall service record. 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 17 April 2020, and by a 3-2 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 AR20180004807 5