1. Applicant's Name: a. Application Date: 31 March 2018 b. Date Received: 9 April 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests narrative reason change and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, the applicant requests that his narrative reason for separation be changed from "non-retention on active duty" to "completion of required active service" so that his reentry code can be changed and he may return to service in the National Guard or Army Reserves. The applicant was discharged from the Army in November 2016 through the Qualitative Management Program (QMP). The QMP's determination was not in accordance with the criteria found in AR 635-200, Chapter 19 and was inequitable in light of mitigating factors and his record of service as a whole. As a result of his unjust selection for discharge, the applicant's DD Form 214 reflects "non-retention on active duty" as his reason for separation and assigns him a reentry code of RE- 4, preventing him from continuing his nearly twelve years of military service. The QMP's selection of applicant under these stated criteria are clearly unjust. His service did not merit discharge. The Army assigned the applicant to sensitive and difficult positions, sent him into harm's way, awarded his performance, allowed him to reenlist, and let him believe that by doing everything the Army asked and excelling in his service, that he was putting one night's error in judgment behind him. To then take that all away five years after the incident, while ignoring all that he had done in the interim, was unjust. Counsel further details the contentions in an allied legal brief provided with the application. In a records review conducted at Arlington, VA on 27 January 2021, 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: Non-Retention On Active Duty / AR 635-200 / Chapter 19 / JGH / RE-4 / Honorable b. Date of Discharge: 1 November 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 December 2015 (2) Basis for Separation: The applicant was notified of the specific reason for separation consideration pursuant to the Department of the Army Notification for Potential Denial of Continued Active Duty Service under the Qualitative Management Program (QMP), as a result of information received for permanent filing in his Army Military Human Resource Record (AMHRR). The following document(s) and/or noncompliance with NCOES completion standards lead to the initiation of this process: Letter of Reprimand, dated 2 December 2010. (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) QMP Board Date: 1 March 2016 (6) Separation Decision Date / Characterization: Orders 242-0102, dated 29 August 2016, reflect the applicant was reassigned to the US Army Transition point, for separation processing. / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 May 2014 / Indefinite b. Age at Enlistment / Education / GT Score: 33 / Bachelor's Degree / 121 c. Highest Grade Achieved / MOS / Total Service: E-6 / 35F3P, Intelligence Analyst / 12 years, 8 months, 27 days d. Prior Service / Characterizations: USCG, 27 July 1999 - 26 June 2001 / HD USCGR, 27 June 2001 - 4 January 2006 / NIF RA, 5 January 2006 - 21 October 2008 / HD RA, 22 October 2008 -28 October 2010 / HD RA, 29 October 2010 - 30 April 2014 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (27 June 2008 - 11 September 2008; 9 October 2008 - 7 December 2008; 27 February 2009 - 3 May 2009; 25 August 2009 - 4 December 2009; 8 February 2010 - 8 May 2010; 21 March 2012 - 11 September 2012); Iraq (26 December 2007 - 3 February 2008) f. Awards and Decorations: ACM-2CS, ARCOM-3, AAM-2, MUC, CGUC, PUCA, AGCM-3, CGGCM-2, NDSM, GWOTSM, ICM-CS, NCOPDR-3, ASR, OSR-2, CGSSR, NATOMDL, CAB g. Performance Ratings: 7 December 2013 - 6 December 2014 / Among The Best 7 December 2014 - 21 June 2015 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: Orders 242-0102, as described in previous paragraph 3c. Department of the Army Notification for Potential Denial of Continued Active Duty Service under the Qualitative Management Program (QMP), dated 8 January 2015, reflects the Department of the Army QMP Board would convene on 1 March 2016, to consider the applicant for separation as a result of information received for permanent filing in his Army Military Human Resource Record (AMHRR). The document, which lead to the initiation of this process: Letter of Reprimand, dated 2 December 2010. The applicant's DD Form 214, reflects he was not transferred to the USAR Control Group and he did not have a Reserve Obligation Termination Date. General Officer Memorandum Of Reprimand, dated 2 December 2010, for refusing to take a lawfully requested test to measure the alcohol content of his breath when there was reasonable belief that he was driving under the influence of alcohol. On 10 November 2010, he violated the Implied Consent law when he refused to submit to an intoximeter test in the state of Tennessee. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Legal Brief; GOMOR with allied documents; two DA Forms 2166-8; AAM Certificate; ARCOM Certificate; Enlisted Record Brief; MPR# 05796-2010-MPC033; Tennessee Implied Consent Advisement; Affidavit of Complaint; QMP notification; Mitigation and Extenuation Memorandum in Response to QMP Notification with allied documents. 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 19 contains policies and procedures for voluntary and involuntary separation, for the convenience of the Government, of RA NCOs and USAR NCOs serving in AGR status, under the QMP. NCOs whose performance, conduct, and/or potential for advancement do not meet Army standards, as determined by the approved recommendations of HQDA centralized selection boards responsible for QMP screening, will be denied continued service. Paragraph 19-12 applies to Soldiers who choose not to appeal the QMP selection for denial of continued service, or whose appeal is denied, will be involuntarily discharged. Soldiers who elect to appeal but fail, without compelling justification, to submit the appeal within the time prescribed by paragraph 19 - 11b, will also be involuntarily discharged. Army policy states the service of personnel separated under this paragraph will be characterized as honorable. 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 "JGH" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 19, paragraph 19-12, non-retention on active duty. MILPER Message Number 15-394, Procedures for the FY16 Qualitative Management Program (QMP), paragraph 8e stipulates: (1) Voluntary Retirements: Soldiers who elect voluntary retirement, regardless of whether it in lieu of QMP consideration or in lieu of involuntary separation as a result of QMP, will have their DD Form 214 coded with Separation Program Designator (SPD) code "RBD" and Reenlistment Eligibility code of "RE-4R." (2) Voluntary Discharge: Soldiers who elect voluntary discharge rather than Retirement will have their DD Form 214 coded with SPD code "KGH" and Reenlistment Eligibility code "RE-4." (3) Involuntary Discharge: Soldiers who do nothing and are involuntarily discharged will have their DD Form 214 coded with SPD code "JGH" and reenlistment Eligibility code "RE-4." (4) Voluntary REFRAD: AGR Soldiers with 20 years or more of qualifying service for Non- regular retired pay who elect voluntary REFRAD will have their DD Form 214 coded with SPD code "MGH" and reenlistment eligibility code "RE-4." 8. DISCUSSION OF FACT(S): The applicant, through counsel, requests narrative reason change and a reentry eligibility (RE) code change. 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 consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The applicant's record is void of the complete specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends the narrative reason for separation should be changed to allow him to reenlist in the Army or Reserve. 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 "JGH" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 19, paragraph 19-12, non-retention on active duty. The regulation further stipulated no deviation is authorized. Further, the Soldier will be assigned an RE Code of "4." The applicant contends that the QMP Board was unjust in the determination was not in accordance with the criteria found in AR 635-200, Chapter 19 and was inequitable in light of mitigating factors and his record of service as a whole. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and or the QMP Board 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 his overall service record. The applicant contends that he had good service, which included several combat tours. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of "4." An RE code of "4" cannot be waived and the applicant is no longer eligible for reenlistment. The burden of proof remains with the former Soldier to provide the appropriate documents such as the complete discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof since the discharge packet is not available in the official record. Notwithstanding the administrative errors, 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 27 January 2021, 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 / 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 AR20180007281 1