1. Applicant's Name: a. Application Date: 20 April 2018 b. Date Received: 23 April 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to narrative reason for discharge to "Secretarial Authority." The applicant seeks relief contending, in effect, that the Army made an error of law with the circumstances of discharge and an error of discretion in regards of discharge. The evidence of record shows that in a records review conducted at Arlington, VA on 14 July 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation was inequitable based on the applicant's length and quality of service, and a prior period of honorable service. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate the applicant was seen several times by BH with complaints of poor concentration and focus, but received no psychiatric diagnosis while on active duty. VA BH diagnoses include Unspecified Anxiety Disorder, Generalized Anxiety Disorder, and Dysthymic Disorder. VA records indicate the applicant is 100% service- connected. In summary, the applicant did not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a personal appearance review conducted at Arlington, VA on 28 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Honorable b. Date of Discharge: 17 January 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 October 2012 (2) Basis for Separation: The applicant was informed that he should have known of his duties, but on 12 June 2012, he was derelict in the performance of his duties; in that he, willfully, failed to protect confidential information pertaining to an investigation under RCM 303, as it was his duty to do. (3) Recommended Characterization: Under Other Than Honorable Conditions, but the recommendations subsequent to the request for conditional waiver were Honorable. (4) Legal Consultation Date: 31 October 2012 (5) Administrative Separation Board: 31 October 2012, applicant waived, contingent upon receiving no less than an honorable characterization of service. (6) Separation Decision Date / Characterization: 6 December 2012, approved the conditional waiver request / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 March 2009 / 4 years, 3 months (extended enlistment by three months on 16 December 2009) b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-5 / 27D20, Paralegal Specialist and 12N20, Horizontal Construction Engineer / 12 years, 2 months, 24 days d. Prior Service / Characterizations: ARNG (24 October 2000 to 5 June 2001) / NA IADT (6 June 2001 to 16 August 2001) / NIF ARNG (17 August 2001 to 3 June 2002) / NA IADT (4 June 2002 to 14 August 2002 / HD ARNG (15 August 2002 to 19 May 2004) / HD RA (20 May 2004 to 26 February 2007) / HD RA (27 February 2007 to 3 March 2009) / HD e. Overseas Service / Combat Service: SWA / Iraq (16 November 2005 to 3 November 2006) and (5 October 2008 to 1 October 2009) f. Awards and Decorations: ARCOM-2; AAM-2; AGCM-3; NDSM; ICM-4CS; GWOTSM; NCOPDR; HSM; ASR; OSR-2; MUC g. Performance Ratings: 1 October 2008 thru 30 September 2009, Fully Capable 8 March 2010 thru 8 March 2012, Fully Capable 9 March 2012 thru 5 August 2012, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being advised that he may receive an involuntary separation under chapter 14, paragraph 14- 12c; exercising sufficient detail to attention while ensuring that the right subpoena went to the right envelope; failing to comply with guidance to completing task; failing to complete tasks; submitting pending action reports that did not comply with guidance; having pattern of poor performance; lacking attention to detail; being dismissed from a legal representative position; and command losing confidence in his judgment due to his abilities, competence, and maturity. General Officer Memorandum of Reprimand and its associated documents, dated 19 September 2012, indicates the applicant was reprimanded for failing to exhibit sound judgment, interfering with an ongoing investigation, and dereliction of duty. Report of Mental Status Evaluation, dated 5 September 2012, psychologically cleared the applicant for administrative action under AR 635-200, paragraph 14-12. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted by the applicant. 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 a change to his narrative reason for discharge to "Secretarial Authority." The applicant's record of service, the issues and documents 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. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant seeks relief contending that the Army made an error of law with the circumstances of his discharge and an error of discretion in regards of his discharge. The applicant's contentions were noted; however, as noted in his prior records review conducted at Arlington, VA on 14 July 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation was inequitable based on the applicant's length and quality of his service, and his prior period of honorable service. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 and the reason for the applicant's discharge commensurate with his 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Master's Degree - 1 page b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance review conducted at Arlington, VA on 28 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 AR20180005433 4