1. Applicant's Name: a. Application Date: 11 July 2018 b. Date Received: 10 August 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for discharge from misconduct (serious offense) to substandard performance. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to reenlist. The applicant contends that during the time of service, the applicant never received any adverse discipline actions. The applicant was a model Soldier, having been selected to perform airborne operation with foreign countries, to include Spain and Mexico and believes those opportunities were only given to highly skilled and model Soldiers. The applicant made a mistake by drinking and driving and the situation was out of character. The applicant never wanted to leave the military and is actively attempting to reenter as soon as the applicant is able to un-tarnish a spotless and proficient military demeanor. The day after the incident, the applicant enrolled into the military alcohol and substance abuse program, completed the entire program and at the time of request, had been sober for 345 days with no interest in touching another drop of alcohol the rest of life. The applicant believes with a separation code change, the applicant will be able to enter the military once again to complete what the applicant started out to accomplish "a career of military service and selfless service." In a records review conducted at Arlington, VA on 15 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 8 December 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 October 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully driving a motor vehicle while under the influence of alcohol; subsequently, receiving a General Officer Memorandum of Reprimand (GOMOR) which was filed in his Army Military Human Resource Record (AMHRR) on 22 September 2017 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 October 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 August 2014 / 4 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 3 years, 3 months, 13 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: General Officer Memorandum of Reprimand, dated 24 August 2017, for driving while under the influence of alcohol on 31 July 2017 with a blood alcohol content of .16, which resulting in the applicant losing control of his vehicle, traveled across the opposite side of the roadway, striking a culvert and coming to an uncontrolled stop off the highway. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; several letters of recommendation/support; and DD Form 214 for the period of service under review. 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. 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, 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 a change to his narrative reason for discharge from misconduct (serious offense) to substandard performance. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the completed facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12, by reason of Misconduct (Serious Offense) for wrongfully driving a motor vehicle while under the influence of alcohol; with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. 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 narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that during his time of service he never received any adverse discipline actions. He was a model Soldier, having been selected to perform airborne operation with foreign countries, to include Spain and Mexico and he believes those opportunities were only given to highly skilled and model Soldiers. He made a mistake by drinking and driving and the situation was out of his character. He never wanted to leave the military and is actively attempting to reenter as soon as he is able to un-tarnish his spotless and proficient military demeanor. The day after the incident, he enrolled into the military alcohol and substance abuse program, he completed the entire program and at the time of his request he had been sober for 345 days with no interest in touching another drop of alcohol the rest of his life. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding along with his post-service accomplishments were carefully considered and the applicant is to be commended. However, 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 applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist. However, it should be noted; 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 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 15 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 AR20180012742 1