1. Applicant's Name: a. Application Date: 18 December 2018 b. Date Received: 21 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 and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, the discharge was inequitable because it was based on an isolated incident and it does not reflect the characteristics of the 31 months of service with no other adverse action. The discharge also involved errors because DoDI 1332.18 (Medical Evaluation Board procedures) and DoDI 6485.01 were not followed or applied for discharge as it should have been. Paragraph "4, Adverse Personnel Action, Information obtained during or primarily as a result of an epidemiologic assessment interview will not be used to support any adverse personnel action against the Service member." There is substantial doubt that the discharge would have been the same under this policy, if these errors had not been made. In a records review conducted at Arlington, VA on 27 May 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: 25 July 2018 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 4 May 2018 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; in that he did, at or near Portland Oregon, on or about 5 January 2016, by means of deliberate concealment that he was infected with Chronic Viral Hepatitis B, procure himself to be enlisted as a PVT / E-1 in the United States Army, and did thereafter, at or near Fort Campbell, Kentucky, receive pay and allowances under the enlistment so procured (5 January 2016). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 May 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 June 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 January 2016 / 3 years, 24 weeks b. Age at Enlistment / Education / GT Score: 32 years / College Graduate / 133 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 2 years, 6 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 7 February 2018, relates the applicant denies any psychological symptoms. He had other problems related to employment. CG Article 15, dated 12 February 2018, for by means of deliberate concealment that he was infected with Chronic Viral Hepatitis B, procure himself to be enlisted as a PVT / E-1 in the United States Army, and did thereafter, at or near Fort Campbell, Kentucky, receive pay and allowances under the enlistment so procured (5 January 2016); reduction to PFC / E-3 (suspended), forfeiture of $478 pay (suspended), extra duty and restriction for 14 days (both suspended). The applicant received a negative counseling statement recommending UCMJ action for fraudulent enlistment. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 28 February 2018, revealed the applicant had pre-existing Hepatitis B and was being discharged for this condition. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); support documents list; DD Form 214; self-authored statement (two pages); three support statements; excerpts of DoDI 6485.01, pages 7-8; and excerpt of DoDI 1332.18, page 23. 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. 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 requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and 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 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 misconduct (serious offense), 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 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 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, paragraph 14-12c, misconduct (serious offense). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his discharge was inequitable because it was based on an isolated incident and it does not reflect the characteristics of the 31 months of service with no other adverse action. Although an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant further contends, his discharge also involved errors because DoDI 1332.18 (Medical Evaluation Board procedures) and DoDI 6485.01 were not followed or applied for discharge as it should have been; and Paragraph "4, Adverse Personnel Action, Information obtained during or primarily as a result of an epidemiologic assessment interview will not be used to support any adverse personnel action against the Service member." 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 contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. Of note, two separate AR 15-6 investigations found that the applicant had a reportable condition, Chronic Hepatitis B Virus at the time of his enlistment. He did not meet the physical standards for enlistment, appointment, and induction. There was evidence that the applicant intentionally withheld a reportable condition to fraudulently enlist in the Army and lied to Army Medical professionals after enlistment. His current medical condition does not allow him to continue serving in the Army. The applicant also contends, there is substantial doubt that his discharge would have been the same under this policy, if these errors had not been made. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 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 27 May 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 AR20190000891 1