1. Applicant's Name: a. Application Date: 29 November 2018 b. Date Received: 6 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the reentry code that corresponds with the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, a change to the reentry code to "1" would allow the applicant to return to military service. The discharge due to "QMP" was triggered by a civilian criminal complaint with the possibility of being incarcerated for over a year; however, the applicant was found not guilty of the felony criminal complaint. The factor, an indictment, due to "roughhousing blown out of proportion" has been dismissed after being found not guilty; therefore, the underlying basis for separation no longer exists. 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 Adjustment Disorder with depressed mood, Alcohol Related Disorder, Alcohol Abuse, and PTSD. The applicant is 100% service-connected for PTSD from the VA. The VA has also diagnosed the applicant with Other Specified Depressive episodes and Alcohol Abuse. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 20 March 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. Notwithstanding the propriety of the discharge, the Board found the applicant's DD Form 214 contained erroneous entries. As a result, the Board directed an administrative correction, by changing block 25, separation authority to reflect "AR 635-200, Paragraph 19-12" and to reissue the applicant's DD Form 214. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Non-Retention on Active Duty / AR 635-200, Chapter 4 / JGH / RE-4 / Honorable b. Date of Discharge: 1 July 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 April 2017 (2) Basis for Separation: The applicant was informed of the following reasons: The Qualitative Management Program Selection Board recommended the applicant be denied continued active duty service. (3) Recommended Characterization: Honorable (4) Statement of Options by the Applicant: On 10 April 2017, the applicant elected not to appeal and indicated he understood his involuntary discharge on 1 November 2017. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Subsequently, the Director of Military Personnel Management approved an involuntary discharge no later than 1 November 2017. A subsequent request for an earlier ETS of 1 July 2017 was approved on 21 April 2017. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 March 2015 / 3 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-6 / 19D38, R4 D3 Cavalry Scout / 11 years, 5 months, 14 days d. Prior Service / Characterizations: RA (18 January 2006 to 4 January 2010) / HD RA (5 January 2010 to 18 September 2013) / HD RA (19 September 2013 to 17 March 2015) / HD e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (9 April 2007 to 22 June 2008), (11 September 2009 to 9 September 2010), Afghanistan (17 November 2011 to 21 March 2012) f. Awards and Decorations: ARCOM-6; AAM-3; AGCM-3; NDSM; ACM-2CS; ICM-3CS; GWOTSM; NCOPDR-2; ASR; OSR-3; MUC-3; CAB g. Performance Ratings: Two NCOERs rendered during period of service under current review: 1 December 2014 thru 30 November 2015, Among the Best 1 December 2015 thru 30 November 2016, Met Standard h. Disciplinary Action(s) / Evidentiary Record: General Officer of Memorandum of Reprimand and its associated documents, dated 7 January 2016, indicates the applicant was reprimanded for physically assaulting and strangling a child entrusted to his care on 30 October 2015. Memorandum of Notification of Denial of Continued Active Duty Service under the Qualitative Management Program (QMP) and its associated documents described at the preceding paragraphs 3c(1) thru (6). i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 29 November 2018; DD Forms 214 and 214C; Circuit Court document, dated 19 September 2018; two NCOERs; and QMP memorandum, dated 21 April 2017. Additional Evidence: University transcript conferring Bachelor of Arts on 27 May 2017, and an NCOER. 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 19 covers discharges caused by the qualitative screening by the Qualitative Management Program (QMP) for NCOs (SSG through CSM/SGM) whose performance, conduct, and/or potential for advancement do not meet Army standards, as determined by the approved recommendations of HQDA centralized selection boards responsible for QMP screening will be denied continued service. The QMP is designed to enhance the quality of the career enlisted force, selectively retain the best qualified Soldiers, deny continued service to nonproductive Soldiers, and encourage Soldiers to maintain their eligibility for further service. Section III, provides Soldier notification and option provisions, and its process. Paragraph 19-11 states, in pertinent part, that Soldiers denied continued service under QMP may appeal the determination and request retention on active duty on the basis of improved performance and/or presence of material error in the Soldier's record when reviewed by the selection board. Successful appeals result in removal of the denial of continued service determination. Army policy states the service of Soldier separated under this chapter will be characterized as honorable. 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 "JGH" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Paragraph 19-12, Non-Retention on Active Duty. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGH" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests to change the reentry code that corresponds with the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that by memorandum, dated 3 April 2017, the application was notified that based on a Qualitative Management Program (QMP) Selection Board conducting a comprehensive review of his record for potential denial of continued service under QMP, the Board recommended the applicant be denied continued active duty service. The Director of Military Personnel Management then approved the Board's recommendation and directed the applicant's discharge no later than 1 November 2017, with options for the applicant to request an earlier discharge date or appeal and request retention on active duty based on newly discovered evidence, removal of documents from his OMPF, or material error. In a Statement of Options for QMP, the applicant notified on 10 April 2017, elected not to appeal and indicated he understood he would be involuntarily discharged on 1 November 2017; however, on 21 April 2017, a request for an earlier ETS of 1 July 2017, was approved. Further, notwithstanding the propriety of the applicant's discharge, the available service record also confirms that someone in the discharge process erroneously entered in block 25 for separation authority as "AR 635-200, Chapter 4." In view of the error, an administrative correction requires changing block 25, separation authority to "AR 635-200, Paragraph 19-12." Accordingly, the corresponding codes as shown on the DD Form 214 remain as: Separation Code of JGH (i.e., non-retention on active duty, AR 635-200, paragraph 19-12), and reenlistment eligibility (RE) Code of "4." The applicant requests, specifically, to change the reentry code that corresponds with the reason for his separation to allow him to return to military service; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under AR 635-200, paragraph 19-12, is "Non-Retention on Active Duty" and the separation code is JGH. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Insofar as the applicant desiring to rejoin the Military Service, 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 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The applicant contends the discharge was based on a civilian criminal complaint that has been dismissed by the civilian court, because he was found not guilty of the complaint. 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that his discharge was based on a civil complaint that has since been dismissed. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request to change the reentry code that corresponds with the reason for his discharge. Based on the available 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 20 March 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. Notwithstanding the propriety of the discharge, the Board found the applicant's DD Form 214 contained erroneous entries. As a result, the Board directed an administrative correction, by changing block 25, separation authority to reflect "AR 635-200, Paragraph 19-12" and to reissue the applicant's DD Form 214. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: AR 635-200, Paragraph 19-12 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 AR20190000019 1