1. Applicant's Name: a. Application Date: 3 July 2018 b. Date Received: 9 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, it was improper for the command to "bully the applicant into reenlisting by leveraging the incident" that led to separation to get the applicant to reenlist as the applicant was told "the charge would go away," if the applicant reenlisted. "If the charges and specifications were as serious as they [were] presented in the record, then they would have prosecuted the matter through proper channels immediately with loss of pay, reduction in rank, and possible discharge at that time rather than use it for leverag[ing]." The applicant was also informed that if the applicant accepted the General (Under Honorable Conditions) discharge, that it would be automatically upgraded in six months, which obviously was not the case. As for the incident, the applicant typically had the ammunition in the gear as duties required. The applicant went on leave and the ammunition was inadvertently left in the rucksack. The one smoke grenade and not two, as mentioned, the applicant admits bringing it home as a souvenir, which was just a lack of judgment on the applicant's part, rather than a willful act of malicious intent. In a records review conducted at Arlington, VA on 10 January 2020, 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: 11 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 March 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On 3 June 2013, with intent to deceive, the applicant made, to the Fort Drum CID Office, an official statement, to wit: that he did not know that the grenades and ammunition were in his ruck sack, or words to that effect, which statement was totally false, and was then known by him to be so false. At or near Frankfurt, Germany, on 24 May 2013, the applicant stole two smoke grenades, 23 7.62mm rounds, five .50 caliber rounds, and five 5.56mm rounds military property, of a value of about $60.00, the property of the US Army. At or near Frankfurt, Germany, on 24 May 2013, the applicant unlawfully carry on or about his person, a concealed weapon, to wit: two smoke grenades, 23 7.62mm rounds, five .50 caliber rounds, and five 5.56mm rounds, conduct being prejudicial to good order and discipline in the Armed Forces. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 24 March 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 March 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 April 2011 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 25 / 14 years / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 11 months, 16 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15 (NIF, but according to the Commander's Report, dated 25 March 2014), dated 5 December 2013, for violating Article 107 (false official statement), Article 121 (larceny or misappropriation), and Article 134 (conduct prejudicial to good order and discipline), UCMJ. The punishment consisted of a reduction to E-3 (suspended), forfeiture of $949, and 30 days of extra duty and restriction. 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 3 July 2018. 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 general (under honorable conditions) discharge to honorable. The applicant's available 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 that ultimately caused his discharge from the Army. 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 contends the discharge was unjust because the incident that led to his discharge was used as a leverage to force him into reenlisting, which was improper by his command, and if the charges were as serious as they were presented, then they would have immediately prosecuted the matter, rather than using it for leveraging, and that the incident occurred due to his lack of judgment, rather than a willful act of malicious intent. 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 his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant's statements alone do not 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 applicant's issue about being informed that if he accepted the GD, than it would be automatically upgrade in six months was carefully considered, although the applicant added that it was obviously not the case. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 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 10 January 2020, 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 AR20180010852 1