1. Applicant's Name: a. Application Date: 23 April 2018 b. Date Received: 5 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge. The applicant seeks relief contending, in effect, that the discharge was based on a written statement which was a false accusation from the police. The applicant contends this information was false because the police report used against the applicant never had such statement; furthermore the applicant believes a police report has no judicial foundation unless backed up by a judge decision. The applicant has never been convicted of the violation reflected in the chapter and was found innocent. The chapter action was already finalized before the applicant appeared in court. By consequent, the chapter was based on pure allegation and not concrete fact. In addition, during the appearance at trial defense service it was pointed out that the other reason mentioned in the chapter package as failed to report didn't present important offense for being chaptered from the military because it did collate as a pattern to the offense the applicant was falsely accused of. In a records review conducted at Arlington, VA on 13 December 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 / General (Under Honorable Conditions) b. Date of Discharge: 23 January 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 December 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for being observed speeding in a school zone on 8 November 2017; the officer noticed the darkness of his windows and asked him to roll his windows up, he refused and stated the window was broken. The officer checked the history and found the applicant had been cited for illegal window tint several times in the months prior. The check revealed the applicant was driving with a suspended license for failing to appear in court. He was instructed to step out of the vehicle, but refused to comply. Officers were forced to reach into his vehicle to pull him out and place him against the vehicle to put him into custody; Driving privileges were suspended for 12 months on 13 August because he was driving with a suspended license. He received a 24 month suspension for again driving with a suspended license on 3 October 2017; He was derelict in his duties when he willfully failed to return to work located at building 7958 after his dental appointment on 29 September 2016; and He failed to report to his appointed place of duty on multiple occasions between 29 September 2016 and 18 November 2017 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 December 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 January 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 February 2016 / 4 years b. Age at Enlistment / Education / GT Score: 31 / Baccalaureate Degree / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 1 year, 11 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 7 August 2017, for going from his appointed place of duty on 18 November 2016 and failure to go at the time prescribed to his appointed place of duty on 25 May 2017 and 28 June 2017, and dereliction in the performance of his duties in that he willfully failed to return to work located at building 7958 after his dental appointment on 29 September 2016. The punishment consisted of reduction to E-3, forfeiture of $440 pay (suspended), and oral reprimand. Incident Report, dated 11 August 2017, which shows the applicant was cleared by arrest and driving while license suspended. Report of Mental Status Evaluation, dated 25 October 2017, shows the applicant was evaluated for PTSD, Depression, TBI, and Substance Misuse, screening and correlating evaluations were completed and were all found to be negative. The applicant had no medical/behavioral health conditions that required an MEB and was able to fully participate in the administrative separation process Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; arrest warrant; affidavit of complaint; order for the expungement of criminal offender record; 55-8-104 charge for obedience to police officers; 39-16-602 for resisting stop, frisk, halt, arrest or search-prevention or obstruction os service of legal writ or process; and service request of all details. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge. The applicant's record of service, the issues and documents submitted with his 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. 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 applicant seeks relief contending that his discharge was based on a written statement which was a false accusation from the police. The applicant contends this information was false because the police report used against him never had such statement; furthermore the applicant believes a police report has no judicial foundation unless backed up by a judge decision. He has never been convicted of the violation reflected in his chapter and he was found innocent. His chapter action was already finalized before he appeared in court. By consequent the chapter was based on pure allegation and not concrete fact. In addition, during his appearance at trial defense service it was pointed out that the other reason mentioned in his chapter package as failed to report didn't present important offense for being chaptered from the military because it did collate as a pattern to the offense he was falsely accused of. The applicant's contentions were noted; however, 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was the result of false accusations. In fact, the applicant's Article 15 and numerous negative counseling statements justify a pattern of misconduct. The applicant's statement alone does overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 December 2019, 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 AR20180008040 1