1. Applicant's Name: a. Application Date: 25 March 2018 b. Date Received: 28 March 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, the applicant served very honorably in the US Army. The applicant was separated because the security clearance was revoked due to concerns regarding foreign influence, personal conduct, and financial considerations. While contesting the revocation at every stages, the applicant believes the case was fully mitigated of the security concerns. The applicant is also the victim of unlawful discrimination because of race and national origin- originally from Africa. The applicant never committed misconduct while serving and the narrative reason for discharge should not be characterized as unacceptable conduct. The counsel on behalf of the applicant, further contends, in effect, the applicant's separation and characterization of service was inequitable, including concerns of impropriety. The applicant did not commit unacceptable conduct, no moral or professional dereliction, while on active duty, and his DD Form 214 should be amended to that effect. The applicant, an immigrant, from Nigeria, served 26 years in either Reserve or on Active Duty status, including a deployment to Iraq. Several esteemed officers have attested to the applicant's character and honorable service. Following the discharge, the applicant has continued being positive. The error and injustices must be corrected to relieve the negative stigma of the unacceptable conduct narrative on the DD Form 214. In a records review conducted at Arlington, VA on 8 November 2018, 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: Unacceptable Conduct / AR 600-8-24, Paragraph 4-2b / JNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 22 July 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date / Period of Ordered to AD: 11 August 2002 / Indefinite, pursuant to Active Duty Orders, dated 26 July 2002, as amended by Orders (R-07-204730A01), dated 3 March 2005 b. Age at AD Orders / Education / GT Score: 38 / Master's Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-5 / 38A, Civil Affairs / 25 years, 2 months, 14 days d. Prior Service / Characterizations: ROTC Cadet (28 November 1990 to 8 May 1991) / NA USAR (9 May 1991 to 25 June 1992) / NA IADT (26 June 1992 to 12 December 1992 / HD USAR (13 December 1992 to 10 August 2002) / NA f. Awards and Decorations: MSM; ARCOM-2 ARCAM; NDSM; ICM; GWOTSM; ASR; ARCOTR; AFRM-M DEV; CAB g. Performance Ratings: 17 OERs rendered during period of service under current review: 11 August 2002 thru 28 January 2003, Outstanding Performance, Must Promote 29 January 2003 thru 28 January 2004, Outstanding Performance, Must Promote 29 February 2004 thru 6 August 2004, Outstanding Performance, Must Promote 26 September 2004 thru 31 December 2004, Outstanding Performance, Must Promote 1 January 2005 thru 17 April 2005, Outstanding Performance, Must Promote 18 April 2005 thru 31 August 2005, Outstanding Performance, Must Promote 1 September 2005 thru 12 July 2006, Outstanding Performance, Must Promote 13 July 2006 thru 11 January 2007, Outstanding Performance, Must Promote 12 January 2007 thru 15 May 2007, RFC, Unsatisfactory Performance, Do Not Promote 16 May 2007 thru 15 May 2008, Outstanding Performance, Must Promote 16 May 2008 thru 15 May 2009, Outstanding Performance, Must Promote 16 May 2009 thru 2 May 2010, Outstanding Performance, Must Promote 3 May 2010 thru 18 April 2011, Satisfactory Performance, Promote 19 April 2011 thru 18 April 2012, Outstanding Performance, Must Promote 20 April 2012 thru 19 April 2013, Outstanding Performance, Must Promote 20 April 2013 thru 9 March 2014, Satisfactory Performance, Promote 10 March 2014 thru 9 March 2015 (FG Plate OER), Capable h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand and its associated documents, dated 8 January 2014, indicates the applicant was reprimanded for his open, continuous and flagrant disregard for DoD regulation, on divers occasions he knowingly misused his Government Travel Credit Card (GTCC) for unofficial purposes. Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 March 2018, with attorney-authored brief and power of attorney; DD Form 214; applicant-authored sworn declaration; memorandum (Request for Reconsideration), dated 15 July 2014, with its list of "Enclosures"; applicant-authored statement; court document entitled "Ruling," dated 11 April 2012; court document "Release of Lien," dated 26 July 2002; FedLoan Servicing letter, dated 23 June 2014; Payments and Billing document; General Warranty Deed; Special Warranty Deed with Vendor's Lien; Real Estate Index; Chase Card Services letter, dated 18 June 2014; Midland Credit Management letter, dated 19 June 2014; Receivable Performance Management letter; email, dated 16 June 2014; Vanguard news article, dated 14 July 2013; two Matter of Marriage Orders for Dismissal; four character reference and supporting statements; Defense of Hearings and Appeals proceedings and its associated documents; Benin Traditional Council, dated 23 October 2014; Authority to Close my Account letter, dated 10 November 2014; email, dated 19 November 2014; New Century Wikipedia article; Sworn Declaration, dated 27 January 2015; Equifax Credit Reports; Zillow property article; Direct Loans letters; FedLoan Servicing letter, dated 20 January 2015; four character reference/supporting letters; and DoD, Defense Office of Hearings and Appeals transcript with cover letter, dated 30 April 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service 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 "JNC" as the appropriate code to assign officer personnel who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b, unacceptable conduct. 8. DISCUSSION OF FACT(S): The applicant requests to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 600-8-24, Chapter 4, paragraph 4-2b, by reason of Unacceptable Conduct, with a characterization of service of honorable. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant's numerous contentions as bases for his unjust discharge were carefully considered, emphasizing that the error and injustices must be corrected to relieve the negative stigma of the unacceptable conduct narrative on his DD Form 214. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in, any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the available record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discharged. The applicant's statements with his counsel's brief, alone, do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence have been provided with the request for a change to the narrative reason for his discharge. Although the applicant is scheduled for a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Insofar as the applicant's contention that he was also the victim of unlawful discrimination because of his race and national origin as he is originally from Africa, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance during a specific period or prior to any events that led to the separation action under review. The third party statements provided with the application speak highly of the applicant's performance and character. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of AR 600-8-24, Chapter 4, paragraphs 4-2b, with an honorable discharge as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC." 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 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 regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents that may have led to his separation, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant a change to the narrative reason for his discharge. Based on the available 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 San Antonio, TX on 8 November 2018, 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 AR20180005573 1