1. Applicant's Name: a. Application Date: 29 August 2018 b. Date Received: 29 August 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, accepted the punishment while serving in the US Army. The applicant found the punishment to be fair by all means. An upgrade would help further an education and obtain a degree in business, and rejoin the military to even further an education within a specialty field. The applicant would also learn how to be a great officer and lead others into success. The applicant makes no excuse for making many mistakes while serving the country. The applicant would like a second chance to prove to peers and oneself that the applicant has what it takes to lead once again. In a records review conducted at Arlington, VA on 31 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: 6 December 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 November 2017 (2) Basis for Separation: The applicant was informed of the following reasons: Between 1 October 2015, and 31 May 2017, the applicant made wrongful purchases on his "WEX card, of a value of $1,136.72." The applicant assaulted Mrs. X., and threatened her by saying "I'm not afraid to kill you", or words to that effect. The applicant made a false official statement to Ms. X. on 26 June 2017, by saying "we haven't seen the card in a long period of time actually. It was actually damaged last year and we received a replacement but we never laid eyes on it. It may have been misplaced and someone could have picked it up," or words to that effect The applicant made a false official statement to 1SG X. on 6 June 2017, by saying "I did not use the WEX card for personal use," or words to that effect. The applicant made a false official statement to CPT X. on 26 June 2017, by saying "I haven't seen the other GSA card in months," or words to that effect. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 November 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 November 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 October 2016 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68J10, Medical Logistics Specialist / 4 years, 5 months, 2 days d. Prior Service / Characterizations: RA (2 July 2013 to 2 October 2016) / HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: AAM-2; NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 13 March 2014, for being AWOL on 22 January 2014 to 24 January 2014, and making a false official statement on 21 January 2014. The punishment consisted of a reduction to E-1 (suspended), forfeiture of $397 for two months (suspended), 14 days of extra duty and restriction, and an oral reprimand. Negative counseling statements for being placed in the barracks immediately; being directed to have no-contact with his spouse; being flagged for UCMJ action; being processed for an involuntary separation; being absent without leave, failing to obey lawful general orders; not arriving on his scheduled fight; avoiding contact from his unit; an impending Article 15 action; conduct being unethical; disobeying the commander's policy letter; traveling outside the allowed 250-mile radius distance; failing to go to his appointed place of duty at the prescribed time on numerous occasions; failing to comply with Plan of Action; and failing to following instructions. CG Article 15, dated 3 November 2015, for failing to go to his appointed place of duty at the prescribed time on 14 August 2015 and 24 August 2015, violating his commander's leave and pass policy on 1 August 2015, and making a false official statement on 17 August 2015. The punishment consisted of a reduction to E-3 and 14 days of extra duty. FG Article 15, dated 2 October 2017, for violating a lawful general regulation by making personal purchases on his "WEX card," of a value of $1,136.72, property of the US; making false official statements on three separate occasions on 26 June 2017, 6 June 2017, and 18 May 2017; assaulting Ms. X on 20 August 2017; and wrongfully communicating a threat on 20 August 2017. The punishment consisted of a reduction to E-1 and forfeiture of $400 pay. Report of Mental Status Evaluation, dated 11 October 2017, psychiatrically cleared the applicant for Chapter 14-12c administrative separation. i. Lost Time / Mode of Return: 3 days (AWOL on 22 January 2014 to 24 January 2014) / The applicant returned to his unit. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 29 August 2018, and a character reference/supporting statement. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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, 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. The applicant's available record of service, and the issues and document 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 drug policies. By the serious incidents of misconduct, 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. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant desires to rejoin the Military Service. 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 third party statement provided with the application speak highly of the applicant's performance and character. However, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. The applicant's separation record contains offenses the applicant committed in a prior period of service. Specifically, an Article 15 the applicant received on 13 March 2014, and 3 November 2015. The government's presumption of regularity cannot be applied in this case because the command used misconduct from a previous enlistment and the separation authority did not specifically state the earlier misconduct was not considered for the purpose of characterization. Army Regulation 635-200, specifically, requires the separation authority to state on the record that the misconduct from a previous enlistment was not considered for the purpose of characterization, the absence of such a statement makes the record irregular and the Army Discharge Review Board must consider this as an issue of fact when determining the applicant's characterization of service. Notwithstanding the inclusion of documents reflecting misconduct during the applicant previous enlistment, 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 31 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 AR20180013616 2