1. Applicant's Name: a. Application Date: 8 August 2018 b. Date Received: 18 September 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, his military performance as well as records reflected an outstanding leader that had been stated by others as unit ready when leading his troops. He has been unable to obtain employment in his field as result of his reason for discharge. In a records review conducted at Arlington, VA on 18 December 2020, and by a 3-2 vote, the Board determined the narrative reason for the applicant's separation is improper. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 600-8- 24, Chapter 5, and the narrative reason for separation to Miscellaneous/General Reasons, with a corresponding separation code to FND. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unacceptable Conduct / AR 600-8-24, Paragraph 4-2b / JNC / NA / Honorable b. Date of Discharge: 8 May 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 21 January 2016 (2) Basis for Separation: The applicant was required to show cause for retention on active duty under the provisions of AR 600-8-24, paragraph 4-2(c), derogatory information. He was notified of the following specific reasons for elimination: Substantiated derogatory activity resulting in a derogatory academic evaluation report dated 14 September 2015. The applicant was advised of his rights in accordance with AR 600-8-24, paragraph 4-2b. (3) Recommended Characterization: On 20 January 2017, The Commanding General; Headquarters, US Army Aviation Center of Excellence, Fort Rucker, AL, recommended an Honorable discharge. (4) Legal Consultation Date: The evidence of record does not contain the applicant's elections of rights and government regularity is presumed in the discharge process. On 9 March 2016, the applicant submitted his rebuttal memorandum to the notification of elimination action. (5) Administrative Separation Board/BOI: On 18 August 2016, The Commanding General; Headquarters, US Army Aviation Center of Excellence, Fort Rucker, AL, referred the applicant's case to Board of Inquiry (BOI). On 10 November 2016, a BOI found that the applicant did have substantiated derogatory activity resulting in a derogatory academic evaluation report dated 14 September 2015. The BOI recommended that the applicant be involuntarily eliminated from the United States Army based on derogatory information, with an Honorable characterization of service. (6) Separation Decision Date / Characterization: On 10 November 2016, an Ad Hoc Review Board subsequently reviewed this case. The Deputy Assistant Secretary of the Army (Army Review Boards) determined the applicant would be involuntarily eliminated from the United States Army United States Army with an Honorable characterization of service. This elimination was based on derogatory information (Army Regulation 600-8-24, paragraph 4-2c). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 September 2012 / Indefinite b. Age at Enlistment / Education / GT Score: 34 / BA Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-3 / 15A, Aviation / 16 years, 9 months, 10 days d. Prior Service / Characterizations: USAR, 23 October 2000 to 11 November 2000 / NA IADT, 12 November 2000 to 6 August 2001 / NA USAR, 7 August 2001 to 1 February 2003 / NA AD, 2 February 2003 to 9 January 2004 / HD USAR, 10 January 2004 to 22 October 2006 / HD Appointed 2LT / USAR, 23 October 2006 AGR, 29 October 2007 to 11 September 2012 / NA e. Overseas Service / Combat Service: SWA / Kuwait / Iraq, 8 March 2003 to 23 November 2003 (prior service) f. Awards and Decorations: ARCOM-3, AAM-2, ARCAM, NDSM, GWOTEM, GWOTSM, HSM, AFRM-"M" DEV, NOPDR, ASR, ARCOTR g. Performance Ratings: 7 March 2011 to 6 March 2012, Fully Qualified 7 March 2012 to 25 March 2014, Best Qualified 25 November 2014 to 26 May 2016, Qualified 27 May 2016 to 14 May 2017, Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 7 February 2017, revealed that Axis I, II and III medical diagnoses were documented in AHLTA in accordance with AR 40-66. He was referred for behavioral health evaluation for officer discharge / BOI in accordance with AR 600-8-24 and MEDCOM Policy 16-118. He was screened for PTSD, mTBI, substance use disorders, and military sexual assault in accordance with MEDCOM policy. He was mentally responsible, able to distinguish right from wrong, and has the mental capacity to understand and participate in the BOI or other administrative proceedings. He did not have a behavioral health condition that warranted disposition through medical channels in accordance with AR 40-501. He was psychiatrically cleared for separation / BOI process. There was no indication that his alleged misconduct was related to a behavioral health condition. The applicant received several negative counseling statements for failing to achieve the minimum score on the Common Core Examination and retests. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); letter, National Personnel Records Center; Service Request All Details; DD Form 214; self-authored statement; Officer Record Brief; and four character / support statements. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "BNC" as the appropriate code to assign officer Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 8. DISCUSSION OF FACT(S): The applicant requests a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant requests a change to the narrative reason for separation Army Regulation 635- 5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating officer Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "BNC" as the appropriate code to assign officer Soldiers, who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2 and 4 -24, unacceptable conduct. The regulation further stipulates no deviation is authorized. The applicant seeks relief contending, his military performance as well as records reflected an outstanding leader that had been stated by others as unit ready when leading his troops. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered. The applicant further contends, he has been unable to obtain employment in his field as result of his reason for discharge. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The third party statements provided with the application speak highly of the applicant. However, some of the persons providing the character reference statements were in and some were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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, however, current SPD code of BNC does not correctly aligned with separation reason. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 18 December 2020, and by a 3-2 vote, the Board determined the narrative reason for the applicant's separation is improper based on a Board judgement. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 600-8-24, Chapter 5, and the narrative reason for separation to Miscellaneous/General Reasons, with a corresponding separation code to FND. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Miscellaneous/General Reasons d. Change Authority to: AR 600-8-24, Chapter 5 e. Change SPD / RE Code to: FND / 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 AR20180015726 1