1. Applicant's Name: a. Application Date: 25 September 2018 b. Date Received: 17 October 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through legal counsel, requests an upgrade of general (under honorable conditions) discharge to honorable, an change of the narrative reason for discharge to Secretarial Authority, and a change of reentry eligibility (RE) code to RE-1. The applicant seeks relief contending, in effect, that the chain of command made material errors of procedure and discretion during the discharge that undoubtedly prejudiced the applicant during the separation proceedings. The applicant believes these errors represent a fatal flaw in the propriety of discharge proceedings that should be rectified by the board. The applicant also contends that the outstanding actions since discharge demonstrate the applicant's true character and establish that the applicant is an individual worthy of a second chance by the honorable board. In a records review conducted at Arlington, VA on 11 March 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: 8 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 April 2013 (2) Basis for Separation: The applicant was informed of the following reasons: for negligently discharging a round into the ceiling of PFC B's apartment and for making homicidal comments about harming member of his chain of command. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 17 April 2013; it should be noted the applicant submitted no statements in his own behalf. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 April 2013/ General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 August 2011 / 5 years b. Age at Enlistment / Education / GT Score: 19 / GED / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92F10, Small Arms / Artillery / 1 year, 8 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Incident/Investigation Report from the Fairbanks Police Department which shows the applicant was the subject of investigation for weapons offense (shots fired). Commander's Report of Disciplinary or Administrative Action makes reference to the offenses of: Communications Incidents-Communicating a treat, failing to obey other order, and misconduct involving weapons in the fourth degree. Military Police Report, dated 21 February 2012, which shows the applicant was the subject of investigation for communicating a threat (other than telephone), fail to obey other order, and misconduct involving weapons in the fourth degree. Unit Commander's Report, dated 17 April 2013, which indicates in paragraph 2(o) Statement why the command does not consider if feasible or appropriated to accomplish other disposition: The applicant negligently discharged a found into the ceiling of PFC B's apartment and made homicidal comments about harming member of his chain of command. Report of Mental Status Evaluation, dated 3 April 2013, which indicated that the applicant could understand and participated in administrative proceedings and appreciated the difference between right and wrong. The applicant was cleared for administrative separation IAW AR 635- 200 from a behavioral health perspective. Counseling statement reference negligent discharge of a gun. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; exhibits which include; legal brief; incident/investigation report from the Fairbanks Police Department; counseling statement; military police reports; evidence/property custody document; sworn statements; commander's report of disciplinary or administrative action; report of medical assessment; report of mental status evaluation; documents from his separation packet; college transcripts; letters of recommendation; DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he is pursuing his degree in Italian, has completed coursework at Mount San Antonio College, worked hard to prove to his friends, family, and members of his community that he is a young man with outstanding character, and completed his confirmation into the Catholic Church. 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 through legal counsel requests an upgrade of his general (under honorable conditions) discharge to honorable, an change of his narrative reason for discharge to Secretarial Authority, and a change of his reentry eligibility (RE) code to RE-1. 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 evidence of record shows 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 applicant seeks relief contending that his chain of command made material errors of procedure and discretion during his discharge that undoubtedly prejudiced him during his separation proceedings. He believes these errors represent a fatal flaw in the propriety of his discharge proceedings that should be rectified by the board. The applicant also contend that his outstanding action since his discharge demonstrate his true character and establish that he is an individual worthy of a second chance by the honorable board. The applicant's contentions were noted; however, the service record indicates the applicant committed several discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. As note in AR 635-200, paragraph 1-1 (c) (3) (b), Soldier who do not conform to required standards of discipline and performance and Soldier who do not demonstrated potential for further military service should be separated in order to avoid the high costs in terms of pay, administrative efforts, degradation of morale, and substandard mission performance. Also, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. The applicant's post-service accomplishments were noted and the applicant is to be commended on his accomplishments. However, 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 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 11 March 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 AR20180016048 1