1. Applicant's Name: a. Application Date: 20 February 2019 b. Date Received: 25 February 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, that the applicant was discharged while in jail and couldn't attend the separation board because the applicant was advised not to by lawyers. The applicant contends that since the DA would be present and anything the applicant said would be used against the applicant. The applicant was discharged before being able to fight the case in court and was indicted on numerous charges like possession of controlled substance and involuntary manslaughter (two counts). The applicant was able to show in court that the applicant wasn't drunk. 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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 24 October 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 June 2014 (2) Basis for Separation: The applicant was informed of the following reasons: for driving while intoxicated and committing involuntary manslaughter. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 25 July 2014, the applicant waived consideration of his case by an administrative separation board base on receiving a characterization of service of general (under honorable conditions) On 5 August 2014, the intermediate commander's recommended the applicant be discharged with a characterization of service of under other than honorable conditions. (5) Administrative Separation Board: On 16 September 2014; the applicant unconditionally waived his right to an administrative separation board. On 27 August 2014, the applicant was notified of a pending administrative separation board to determine whether he is discharged from the service and if so, to recommend a characterization of service. (6) Separation Decision Date / Characterization: 2 October 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 July 2013 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11C10, Indirect Fire Infantryman / 9 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Register of Action, dated 10 June 2014, which indicates the applicant was pending charges for intoxication manslaughter with vehicle Report of Mental Status Evaluation, dated 15 May 2014, which indicates the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was award that he was responsible for his actions. There was no contraindication that he had not held accountable for inappropriate behavior and was cleared for any administrative action that his command deemed appropriate. Counseling statement for intoxicated manslaughter. i. Lost Time / Mode of Return: Civilian Confinement 166 days (12 May 2014 to 24 October 2014), as a result of being arrested and charged for Intoxication Manslaughter and Intoxication Assault. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and document from the Ector County Community Supervision and Corrections Department showing the applicant was on probation for the offense of Manslaughter. 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 under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant's available/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 he was discharged while he was in jail and couldn't attend his separation board because he was advised not to by his lawyers. The applicant contends that since the DA would be present and anything he said would be used against him. He was discharged before he was able to fight his case in court, he was indicted on numerous charges like possession of controlled substance and involuntary manslaughter (two counts). He was able to show in court that he wasn't drunk. The applicant's contentions were noted; however, the service record indicates the applicant committed a discrediting offense, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. Evidence in the record indicates that the applicant was advised of the effect of his separation, the right available to him, and rights available to him and the effect of any action taken by him to waive his rights. The applicant voluntarily waive consideration of his case by an administrative separation board. It was also noted by the applicant that he was making his request on his own free will and he had not been subject to any coercion whatsoever by any person. The Travel Permit the applicant submitted with his application was noted; however, this document does not address information as to if the applicant was intoxicated at the time he was charged for the offense of manslaughter. It only gave the applicant permission to travel to El Paso Texas for the purpose of visiting family. 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. It should be noted that the applicant's service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. In view of the foregoing and notwithstanding the propriety of the discharge, it appears that block 27, reentry code should be changed to 3, as approved by the separation authority. 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 AR20190002543 1