1. Applicant's Name: a. Application Date: 5 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, and to change the narrative reason for discharge and its corresponding codes. The applicant seeks relief contending, in effect, the discharge was inequitable and the basis for this request rely on the military service and record. The applicant's average NCOERs were good; received numerous awards, decorations, and coins; served in Afghanistan supporting the war fighter efforts; the promotion records show the applicant was generally a good Soldier; and the applicant has been a good citizen since discharge as the applicant is currently employed as a Correctional Officer for a Department of Justice. The applicant was not provided an opportunity for rehabilitation after the first negative counseling and offense in six years of honorable service. The applicant was not aware of the current license status. The applicant was rushing home on a motorcycle due to a health issue. (Note additional comments are illegible.) Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no BH diagnoses while on active duty. The applicant is 50% service-connected for PTSD from the VA. The VA has also diagnosed the applicant with Trauma and Stressor Related Disorder. In summary, the applicant's BH diagnosis is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 8 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: 1 September 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 June 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On 3 April 2016, the applicant operated a motorcycle in a reckless manner by driving speeds in excess of 100 mph and running a stop sign at the corner of Vernon Street and 3rd Street, Leesville, Louisiana, and did thereby, caused said motorcycle to crash. On 3 April 2016, the applicant fled apprehension by the civilian police officers, CPL J.V. and Officer M.A., persons authorized to apprehend the applicant. On 11 April 2016, the applicant, with intent to deceive, made to CW2 T.F.W., an official statement, to wit: that, at the time of the crash, the applicant was qualified to operate a motorcycle per Army and Fort Polk regulation, and that his motor retrieved his motorcycle from the civilian police department, which statements were totally false, and was then known by the applicant to be false. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 August 2016, and 25 July 2016, with request for conditional waiver to voluntarily waive consideration of his case by an administrative separation board, contingent upon receiving no less favorable than a General (Under Honorable Conditions) characterization of service. (5) Administrative Separation Board: None due to an approved conditional waiver (6) Separation Decision Date / Characterization: 18 August 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 February 2016 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y20, Unit Supply Specialist / 8 years, 10 months, 8 days d. Prior Service / Characterizations: DEP (24 October 2008 to 30 June 2009) / NA RA (1 July 2009 to 3 April 2012) / HD RA (4 April 2012 to 17 February 2016) / HD e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (24 January 2013 to 9 October 2013) f. Awards and Decorations: ARCOM; AAM-2; AGCM-2; NDSM; ACM-CS; GWOTSM; KDSM; NCOPDR; ASR; OSR-2; NATO MDL; CAB g. Performance Ratings: None rendered during period of service under current review; however, there were three NCOERs during previous terms of service h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for separation proceedings being initiated due to the events surrounding the applicant's arrest on 5 April 2016; on-post driving privileges being suspended; and failing to report a motorcycle accident, arrest, and lying to a warrant officer, an NCO, and his chain of command. Military Desk Blotter with civilian offense report, dated 5 April 2016, indicates the applicant was the subject of an investigation for flight from an officer (off-post), careless or reckless driving (off-post), driving without insurance (off-post), and speeding (off-post). Report of Mental Status Evaluation, dated 21 April 2016, providing no diagnosis, cleared the applicant 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 149 (Application for Correction of Military Record), dated 5 July 2018, and three NCOERs. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that he is currently employed as a Correctional Officer with a State Department of Justice. 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, and to change the narrative reason for his discharge and its corresponding codes. The applicant's available record of service, and 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. The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies. By abusing alcohol, 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his accomplishments and complete period of service were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The applicant requests to change the reason for his separation, including its corresponding codes; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Insofar as changing the reentry code that corresponds with the narrative reason for the applicant's discharge, 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 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant contends he was not provided an opportunity for rehabilitation after his first negative counseling and offense in his six years of honorable service. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, 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 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 8 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 AR20180011423 1