1. Applicant's Name: a. Application Date: 14 June 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. The applicant seeks relief contending, in effect, would like a change to separation for the purpose of being able to join the Army and finish out the contract. The applicant contends that the current narrative reason of misconduct (serious offense) was the result of not providing dependent support and does understand why the applicant received that narrative reason. The applicant and wife had their issues but the applicant still provided support and she is still there for the applicant. 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 diagnoses of Adjustment Disorder. The VA has diagnosed the applicant with Major Depressive Disorder. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 6 March 2020, and by a 5-0 vote, the Board, based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBHI), determined the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing 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. The Board determined the characterization of service was proper and equitable and voted not to change it. (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: 26 December 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 November 2017 (2) Basis for Separation: The applicant was informed of the following reason: for physically controlling a vehicle, to wit: a passenger car, while drunk 3 June 2017. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 November 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 December 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 May 2015 / 4 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D20, Cavalry Scout / 5 years, 11 months, 24 days d. Prior Service / Characterizations: RA, 3 January 2012 to 9 May 2015 / HD e. Overseas Service / Combat Service: Germany / Turkey (21 March 2016 to 25 April 2016) f. Awards and Decorations: AAM-2, AGCM, NDSM, GWOTEM, GWOTSM, NOPDR, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Police Report, dated 3 June 2017, showing the applicant was the subject of an investigation for drunken driving due to alcohol. General Officer Administrative Reprimand, dated 12 October 2017, for operating a motor vehicle while intoxicated on 3 June 2017, in Grafenwoehr, Germany. During a routine vehicle check German Police detected an odor of alcohol emanating from his person. The police subsequently administered a breath alcohol test, with the result of .117% blood alcohol concentration (BAC). He was then transported to the Eschenbach German Police Station and administered a blood alcohol test with the result of .109% BAC. Under Army in Europe Regulation 190-1, paragraph 2-17a(1)(b), individuals who operate a vehicle with a BAC of .08% or higher are considered to be driving while intoxicated. FG Article 15, dated 29 October 2017, for physically controlling a vehicle, to wit: a passenger car, while drunk on 3 June 2017. The punishment consisted of reduction to E-4, forfeiture of $1,216 pay per months for two months (suspended), extra duty for 45 days; and restriction for 45 days (suspended). Negative counseling statement for driving under the influence on 3 June 2017. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; certificate of death of his child; letter of excellence; physical fitness excellence award certificate. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has enrolled at Houston Community College with plans of going into law enforcement and joining the Houston Police Department and later finishing his Bachelor's degree in Criminal Studies at Texas Southern University. 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 reasons for 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 current narrative reason of misconduct (serious offense) was the result of him not providing dependent support and he does understand why he received that narrative reason. He further contends that he and his wife had there issues but he still provided her with support and she is still there for him. The applicant's contentions were noted; however, the evidence in the record shows that the separation action by the chain of command was initiated against the applicant as result of him physically controlling a vehicle, to wit: a passenger car, while drunk on 3 June 2017. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635- 200 with a general (under honorable conditions) discharge. 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 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 expressed his desire for a change to his narrative reason for discharge for the purpose of being able to join the Army and finish out his contract. However, 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 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 6 March 2020, and by a 5-0 vote, the Board, based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBHI), determined the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing 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. The Board determined the characterization of service was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change 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 AR20180012743 1