1. Applicant's Name: a. Application Date: 20 February 2018 b. Date Received: 19 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge honorable. The applicant seeks relief contending, in pertinent part and in effect, the discharge is inequitable, because it was based on a single incident in the course of over two years of service. The applicant received no other adverse actions prior to the incident that led to discharge. The applicant is currently applying for a position with the local fire department. However, with the current discharge, the applicant is unable to achieve that goal, including many future employment opportunities. The applicant is 20 years old and the current discharge would have an impact on the career choices the applicant pursues. In a records review conducted at Arlington, VA on 1 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 4. In view of the error, the Board directed an administrative correction to block 27 to read 3, as approved by the separation authority and as required by Army Regulations. (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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 24 August 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 July 2017 (2) Basis for Separation: The applicant violated a lawful general regulation. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 August 2017 (5) Administrative Separation Board: Unconditionally waived on 1 August 2017, pursuant to an accepted Offer to Plead Guilty in a Summary Court-Martial on 26 January 2017 (6) Separation Decision Date / Characterization: 15 August 2017 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 July 2015 / 3 years, 22 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-3 / 74D10, Chemical Operations Specialist / 2 years, 4 month, 29 days d. Prior Service / Characterizations: DEP (26 March 2015 to 20 July 2015) / NA e. Overseas Service / Combat Service: None / NA f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Record of Trial by Summary Court-Martial with its associated documents indicates that on 16 February 2017, the applicant was found guilty of the following charges by a summary court- martial: Charge III, Specifications 1 and 2 for violating Article 81, UCMJ, for conspiring with MSG S. and other Soldiers to violate a general regulation, AR 600-20, paragraph 4-14 (Relationships between Soldiers of different grade) between 1 February 2016 and 31 March 2016, and on 30 April 2016. Charge V: Specification 1 for violating Article 92, UCMJ, by violating a general regulation, AR 600-20, paragraph 4-14 (Relationships between Soldiers of different grade) between 1 February 2016 and 30 April 2016. The sentence consisted of a reduction to E-1, forfeiture of $1,031 pay for one month (suspended), 15 days of restriction, 15 days of hard labor, and an oral reprimand. Report of Mental Status Evaluation, dated 9 June 2017, providing no diagnosis, cleared the applicant from a behavioral health perspective, for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 (Application for the Review of Discharge), dated 20 February 2018, and a character reference statement. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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, 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 an upgrade of his under other than honorable conditions discharge honorable. The applicant's available record of service, the issues and document 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 that ultimately caused his discharge from the Army. The service record also reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. The applicant provided no independent corroborating evidence, with his current application, 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 contends his discharge is inequitable, because it was based on a single incident in the course of over two years of service. 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. The applicant contends that an upgrade of his discharge will allow him to achieve his goal of obtaining an employment with his local fire department and provide employment opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The third party statement provided with the application speak highly of the applicant's performance and character. However, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. 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 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 1 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 4. In view of the error, the Board directed an administrative correction to block 27 to read 3, as approved by the separation authority and as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: Yes 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 / RE-3 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 AR20180006538 1