1. Applicant's Name: a. Application Date: 28 September 2018 b. Date Received: 12 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, was accused of a DUI by the Anchorage Police Department. The applicant was discharged from the Army before the court took its process; and the Anchorage courts did not find the applicant guilty of a DUI but instead gave a disorderly conduct. The applicant served honorably and received numerous accommodations in garrison as well as combat. The discharge has affected attempts to gain employment for several jobs since being separated. The applicant has been an upstanding citizen since separation from the US Army. The applicant just wants to serve the country and states wherever the applicant is needed. In a records review conducted at Arlington, VA on 22 April 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. 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 July 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 11 June 2010 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was arrested for driving while impaired. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 June 2010 (5) Administrative Separation Board: (6) Separation Decision Date / Characterization: 29 June 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 October 2006 / 6 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B3P, Infantryman / 5 years, 10 months, 17 days d. Prior Service / Characterizations: RA, 14 September 2004 e. Overseas Service / Combat Service: Alaska / Iraq, 4 October 2006 to 21 November 2007 / Afghanistan, 17 February 2009 18 January 2010 f. Awards and Decorations: ARCOM-3, AAM, AGCM, NDSM, ICM-2CS, GWOTSM, ASR, OSR-3, NATO MDL, CIB, EIB g. Performance Ratings: 1 October 2007 to 15 February 2009, Fully Capable 16 February 2009 to 31 May 2010, Among The Best h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 18 July 2002, revealed the applicant was psychiatrically cleared for any administrative action deemed appropriate by command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; Enlisted Record Brief; EIB badge; NCO Academy, Certificate of Achievement; State of Alaska, Department of Motor Vehicles document (two pages); District Court, State of Alaska documents (16 pages); AMHRR documents (18 pages); and applicant's statement. 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 the characterization of service from general (under honorable conditions) 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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, he was accused of a DUI by the Anchorage Police Department; he was discharged from the Army before the court took its process; and the Anchorage courts did not find him guilty of a DUI but instead gave him a disorderly conduct. The record of evidence shows that the applicant was unable to perform the field sobriety tests. His breath test produced a .129 result. From these tests, he was charged with operating a motor vehicle under the influence pursuant to Anchorage Municipal Code 9.28.020. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when action is taken that is tantamount to a finding of guilty, if a punitive discharge is 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 applicant further contends, he served honorably and received numerous accommodations in garrison as well as combat. The applicant's service accomplishments and the quality of his [her] service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant also contends, his discharge has affected attempts to gain employment for several jobs since being separated. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant also contends, he has been an upstanding citizen since his separation from the US Army. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant just wants to serve his country and states wherever he is needed. Soldiers being processed for separation are assigned reentry codes based on their 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 was no basis 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 22 April 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. 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 AR20190000276 1