1. Applicant's Name: a. Application Date: 10 August 2018 b. Date Received: 16 August 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant through counsel seeks relief contending, in effect, he does not believe more than nine years of continuous honorable service should be ignored, which he earned three AGCM, no disciplinary action and 31 months of combat duty. His discharge was based on an incident that happened more than two years ago. Considering the good he done, hard work, sacrifice he gave to the Army and the country during his entire career; an upgrade is justified. In a records review conducted at Arlington, VA on 29 January 2021, 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 / Under Other Than Honorable Conditions b. Date of Discharge: 4 December 2017 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 December 2014 / 4 years / 8 months extension / 22 January 2016 b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-5 / 88M10, Motor Transport Operator / 9 years, 3 months, 19 days d. Prior Service / Characterizations: RA, 9 May 2007 to 3 October 2010 / HD RA, 4 October 2010 to 1 January 2013 / HD RA, 2 January 2013 to 16 December 14 / HD e. Overseas Service / Combat Service: SWA / Iraq, 1 October 2008 to 30 September 2009 / Kuwait, 15 September 2011 to 29 December 2011 / Afghanistan x2, 29 December 2011 to 23 July 2012 and 27 December 2013 to 16 August 2014 f. Awards and Decorations: ARCOM-4, AAM, AGCM-3, NDSM, ICM-2CS, ACM-2CS, GWOTSM, NOPDR-2, ASR, OSR, NATO MDL, MUC g. Performance Ratings: 30 April 2014 to 29 April 2015, Fully Capable 30 April 2015 to 29 April 2017 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Military Police Desk Blotter, dated 11 July 2016, revealed the applicant was under investigation for intoxication manslaughter (Texas PC 49.08). The applicant was involved in a fatal traffic collision, where he was driving northbound in the left southbound lane and collided with a another vehicle head on. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 31 August 2016, for driving an automobile while intoxicated. At 0500 hours on 21 May 2016, he was apprehended by the Austin Police Department for driving while intoxicated after he had a head on collision with another vehicle. He was administered a Blood Alcohol Content test that registered at 0.24, a level above the legal limit set forth in Texas Penal Code§ 49.04. i. Lost Time / Mode of Return: It appears from the available record the applicant was Confined by Civilian authorities x2 for 484 days. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant's available record of service and the issues submitted with his application were carefully reviewed. The applicant's record is void of the specific 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 not authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of misconduct (serious offense), with a characterization of service of under other than honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct, serious offense) with a reentry eligibility (RE) code of 3. The applicant through counsel seeks relief contending, he does not believe more than nine years of continuous honorable service should be ignored, which he earned three AGCM, no disciplinary action and 31 months of combat duty. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant further contends, his discharge was based on an incident that happened more than two years ago. However, the merit of this contention cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant also contends, considering the good he done, hard work, sacrifice he gave to the Army and the country during his entire career; an upgrade is justified. The applicant is to be commended for his efforts; however, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge appears consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 29 January 2021, 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 / 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 AR20180013277 1