1.	Applicant's Name:  

	a.	Application Date:  30 July 2018

	b.	Date Received:  2 August 2018

	c.	Counsel:  None

2.	REQUEST, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of the 
characterization of service from general (under honorable conditions) to honorable.  The 
applicant seeks relief contending, in effect, received a DUI while coming onto Fort Bragg; and was 
found not guilty after being discharged from service.  The applicant was forced out of service 
before any investigation could ever take place.  The applicant is trying to become a police officer 
like the applicant's father, but the discharge prevents the applicant from doing so.

In a records review conducted at Arlington, VA on 15 January 2020, and by a 3-2 vote, the 
Board determined the discharge is inequitable based on the applicant's quality of service. 
Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of 
service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, 
the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to 
JKN.

(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:  28 April 2014

	c.	Separation Facts:  Yes

		(1)	Date of Notification of Intent to Separate:  19 March 2014

		(2)	Basis for Separation:  The applicant was informed of the following reason for his 
discharge; he operated a passenger vehicle while under the influence of alcohol.

		(3)	Recommended Characterization:  General (Under Honorable Conditions)

		(4)	Legal Consultation Date:  20 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:  16 October 2012 / 3 years, 31 weeks

	b.	Age at Enlistment / Education / GT Score:  23 years / 1 year college / 87

	c.	Highest Grade Achieved / MOS / Total Service:  E-3 / 91B1P, Wheeled Vehicle 
Mechanic / 1 year, 6 months, 13 days

	d.	Prior Service / Characterizations:  None

	e.	Overseas Service / Combat Service:  None

	f.	Awards and Decorations:  AAM, NDSM, GWOTSM, ASR

	g.	Performance Ratings:  NA

	h.	Disciplinary Action(s) / Evidentiary Record:   None

	i.	Lost Time / Mode of Return:  None

	j.	Diagnosed PTSD / TBI / Behavioral Health:  None

5.	APPLICANT-PROVIDED EVIDENCE:  DD Form 293 (two pages); reason for discharge upgrade 
(two pages); DD Form 214; US District Court, Eastern District of North Carolina, Judgement of 
Acquittal; AAM Certificate; recommendation for award; training certificate; eSponsorship 
Application & Training; Prime For Life participant; and 11 support / character statements.

6.	POST SERVICE ACCOMPLISHMENTS:  The applicant states in his application he went back to 
work for the same company he worked for ten years prior to enlisting.  He also bought his own 
house and started to finish his degree in Criminal Justice.  

7.	REGULATORY CITATION(S):  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 the characterization of 
service from general (under honorable conditions) to honorable.  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.  By the misconduct (serious offense), the applicant diminished the 
quality of his service below that meriting an honorable discharge at the time of separation.

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, he received a DUI while coming onto Fort Bragg; and he 
was found not guilty after he was discharged from service.  Army Regulation 635-200, in 
pertinent part, stipulates that a Soldier may be separated if a punitive discharge is authorized for 
the same or a closely related offense under the Manual for Courts-Martial.

The applicant further contends, he was forced out of service before any investigation could ever 
take place.  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 applicant also contends, he is trying to become a police officer like his father, his discharge 
prevents him from doing so.  The Board does not grant relief for the purpose of gaining 
employment or enhancing employment opportunities.

The applicant's post-service accomplishments have been noted as outlined on the application.

The third party statements provided with the application speak highly of the applicant.  However, 
the persons providing the character reference statements were not in a position to fully 
understand or appreciate the expectations of the applicant's chain of command.  As such, none 
of these statements provide any evidence sufficiently compelling to overcome the presumption 
of government regularity.

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 15 January 2020, 
and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's 
quality of service. Therefore, the Board voted to grant relief in the form of an upgrade of the 
characterization of service to honorable and changed to the separation authority to AR 635-200, 
paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the 
separation code to JKN.

 





10.  BOARD ACTION DIRECTED:

	a.	Issue a New DD-214:				Yes  

	b.	Change Characterization to:  		Honorable

	c.	Change Reason to:  				Misconduct (Minor Infractions)

	d.   Change Authority to:			AR 635-200, paragraph 14-12a

	e.	Change SPD / RE Code to:  		JKN / 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
AR20180012161
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