1. Applicant's Name: a. Application Date: 14 August 2018 b. Date Received: 15 October 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change to narrative reason for discharge to Secretarial Authority. The applicant seeks relief contending, in effect, would like to go back into the military and redeem oneself. The applicant was discharged without a board to examine the merits of the purported action. The applicant has submitted proof that the wife recanted and fabricated the allegations. The applicant was processed by the Bell County Authorities and released from punishment after fulfilling the required obligations. The applicant was not in fact guilty of the underlining offense, but took a deal out of necessity. The applicant was in fact innocent of the actual allegations. The applicant should not have been processed out of the Army without a board to see the merits of contentions that the applicant was innocent. 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 Anxiety NOS, Personality Disorder NOS, Antisocial Personality Disorder, ADHD, and Dysthymic Disorder. The applicant does not currently have a service-connected rating from the VA. The VA has diagnosed the applicant with Depression NOS, ADHD, and Personality Disorder. In summary, the applicant did not have a BH disorder that was mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 20 May 2019, 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: 25 September 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 July 2009 (2) Basis for Separation: The applicant was informed of the following reason: committing the offense of Aggravated Assault with a deadly weapon upon his wife (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 October 2006 / 4 years b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 7 years, 16 days d. Prior Service / Characterizations: USMC, 3 December 2001 to 3 December 2005 / HD IRR RUC, 4 December 2005 to 18 October 2006 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: MCGCM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Arrest Report, dated 10 April 2008, showing the applicant was the subject of investigation for aggravated assault with other dangerous. Report of Mental Status Evaluation, dated 28 January 2009, shows the applicant has never deployed. Screening for PTSD and traumatic brain injury was negative. There was no psychiatric disorder creating impairment such that the applicant failed retention standards prescribed in Chapter 3, AR 40-501, and there was no psychiatric disease to defect which warrant disposition through medical channels. There was no evidence of psychosis; suicidal or homicidal thoughts or a major affective or anxiety disorder. The applicant was able to distinguish right from wrong and was responsible for his actions. It was noted that he was appropriate for Chapter 14 or any other administrative action deemed appropriate by his command. Report of Mental Status Evaluation, dated 11 August 2009, shows the applicant was mentally sound and able to appreciate any wrongfulness in his conduct and to conform his conduct to the requirements of the law. He had the mental capacity to understand and participate in board or other administrative proceedings. Negative counseling statements for various acts of duty performance. i. Lost Time / Mode of Return: Civilian Confinement / Bell County Jail 283 days (10 April 2008 to 16 January 2009) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; biography; motion to discharge community supervisor; separation recommendation; reassignment letter; DD Form 214 from a prior period of service; DD Form 4187; letter from M.U. the applicant's ex-wife; documents from the County Criminal District Court Coordinators; extracts from security clearance application; order terminating deferred adjudication community supervision; certificate of completion of Anger Relief Class, BIPP, Achieve-Job Skill (Probationer Success); education plan; high school transcript; GI Bill basic enrollment; 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 an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge to Secretarial Authority. 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 was separated under the provisions of Chapter 14, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this chapter 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 he was discharged without a board to examine the merits of the purported action against him. He contends he has submitted proof that his wife recanted and that she fabricated her allegations. He was processed by the Bell County Authorities and released from his punishment after fulfilling the obligations he was required to perform. He was not in fact guilty of the underlining offense, but he took a deal out of necessity. He was in fact innocent of the actual allegations. He should not have been processed out of the Army without a board to see the merits of his contentions that he was innocent. The applicant contentions were noted; however, although the applicant contends he was innocent, documents submitted by the applicant show he entered a plea of guilty to the offense of Aggravated Assault with a Deadly Weapon and was placed on deferred adjudication for 24 months. After serving over one third of the sentenced of community supervision and complying with all of the terms and conditions of his community supervision and completing all hours of community service and required classes and treatment and paying his fine he was released from community supervision. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial. 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 applicant expressed his desire for an upgrade of his for the purpose of being able to go back into the military and redeem himself. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): USMC Discharge - 2 Pages Letters of Recommendation - 3 Pages b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 20 May 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20180013683 3