1. Applicant's Name: a. Application Date: 23 July 2018 b. Date Received: 20 October 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under) conditions discharge to honorable. The applicant seeks relief contending, in effect, that the discharge was inequitable because it was based on the accusation of the applicant driving under the influence of alcohol. The applicant contends that in both the separation board and jury in the state of Colorado, proved the applicant was in the vehicle waiting for a designated driver. Also the state of Colorado found the applicant not guilty of driving under the influence. The unit released the applicant from the Army before the trial. The applicant contends that being a Soldier was all the applicant ever wanted and with many years of service, the applicant should have been given the opportunity to continue service. The applicant does however respect the decision of the residing board that had to make the call to discharge the applicant. The applicant just asks to be considered for a change to the discharge characterization to honorable. In a records review conducted at Arlington, VA on 12 February 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 6 August 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 April 2016 (2) Basis for Separation: The applicant was informed of the following reason: for driving while under the influence of alcohol on 7 February 2016 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 26 April 2016, the applicant requested consideration of his case by an administrative separation board (5) Administrative Separation Board: The applicant was notified to appear before an administrative separation board. The board, having carefully considered the evidence before it found that the allegation of: On 7 February 2016, the applicant drove while under the influence of alcohol was supported by a preponderance of the evidence. The finding did warrant the separation of the applicant. In view of the finding, the board recommended that the applicant be separated from the United States Army with a characterization of service of general (under honorable conditions). (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 May 2012 / 6 years b. Age at Enlistment / Education / GT Score: 32 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-6 / 13F30, Fire Support Specialist / 12 years, 1 months, 22 days d. Prior Service / Characterizations: RA, 4 June 1998 to 10 February 2002 / HD RA, 11 February 2002 to 25 May 2012 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (6 March 2012 to 3 September 2012 and 1 March 2014 to 22 November 2014) f. Awards and Decorations: ARCOM-2, AAM-2, MUC, AGCM-2, ACM-2CS, NDSM, GWOTSM, NOPDR, ASR, OSR-2, NATOMDL, EIB, CAB g. Performance Ratings: 2 September 2012 to 1 September 2013, Fully Capable 1 September 2013 to 31 August 2014, Fully Capable 31 August 2014 to 31 August 2015, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Colorado Springs Police Department Case Report, dated 2 July 2016, showing the applicant was the subject of investigation for DUI. Report of Mental Status Evaluation, dated 1 April 2016, which shows the applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant was cleared from a behavioral health perspective to participate in Chapter 14-12 administrative separation proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 his general (under) conditions discharge to honorable. 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 seeks relief contending that his discharge was inequitable because it was based on the accusation of him driving under the influence of alcohol. He contends that in both of his separation board and jury in the state of Colorado, he proved he was in the vehicle waiting for his designated drive. Also the state of Colorado found him not guilty of driving under the influence. His unit released him from the Army before his trial. He contends that being a Soldier was all he ever wanted and with his many years of service he should have been given the opportunity to continue service. He does however respect the decision of the residing board that had to make the call to discharge him. He just ask that he be considered for a change to his discharge characterization to honorable. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that it was proven he was in the vehicle waiting for his designated driver or that the state of Colorado found him not guilty of driving under the influence. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 12 February 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180016856 1