1. Applicant's Name: a. Application Date: 17 November 2018 b. Date Received: 17 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable, a change to narrative reason for discharge and a change of reentry eligibility (RE) code. The applicant seeks relief contending, in effect, deserved the current characterization of service because the applicant was arrogant, hard headed and thought the applicant knew everything and was just naïve, immature, young and dumb. The applicant e did not appreciated all that the Army had to offer at the time nor did the applicant appreciate all that the applicant could have learned from fellow service members and especially those in command. The applicant went into the service immediately after high school with the hope of escaping and changing life for the better, but the applicant was hit in the face with the same discipline requirements if not more rigorous and the applicant rebelled and it cost the family what could have been a good life. After discharge, the failure hit the applicant and the family and the applicant pulled up the boot straps and went to work as a civilian and have done so now on the same job for over 13 years without incident or reproach. The applicant shows up on time, is a hard worker and has taken everything that the applicant didn't embrace or seemingly showed the applicant didn't embrace and have implemented that into the work ethic and home life. The applicant is now married with children (especially young men) and is determined to show them that there is a better way than being a hot head all the time. The applicant was not bad, just made bad choices that required dire consequences thus leaving the applicant to one's own devices and having the applicant discharged with the current RE code. The applicant requests a consideration and a reevaluation because if given the opportunity again, the applicant would do things very differently and would opt to be slow to speak, think and then make informed decision knowing that those decisions will have a lasting consequence. The applicant hopes that the board will reconsider the first discharge decision knowing that if there was a lesson being taught it was definitely learned and once a Soldier always a Soldier even if his original conduct did not reflect it. In a records review conducted at Arlington, VA on 11 September 2019, 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 / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 5 March 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: for stealing an Audio CD of a value of $12.95, the property of AAFES on 20 March 2003; Physically controlling a passenger car while the alcohol concentration in his blood was 0.10 grams of alcohol per 100 milliliters of blood or greater, as shown by chemical analysis on 14 December 2003 Physically controlling a vehicle in a wanton manner by fleeing from a German Police traffic stop at a high rate of speed, forcing the police patrol to conduct a high risk traffic stop on 4 July 2004; Fleeing apprehension by driving away at a high rate of speed from a German Policeman, a person authorized to apprehend him on 4 July 2004; and Violating a lawful general regulation by wrongfully operating a POV without being in the possession of a valid certificate of license for the US Forces in Germany or other valid private operator's license issued by an appropriate military headquarters on 4 July 2004. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 February 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 February 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 June 2002 / 3 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 84 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88H10, Cargo Specialist / 2 years, 8 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, ASR, OSR, GWOTSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 21 March 2003, shows the applicant was the subject of investigation for larceny of AAFES property. CG Article 15, dated 30 April 2003, for stealing an audio CD of a value of $12.95, the property of AAFES. This was in violation of Article 121. The punishment consisted of reduction to E-1, forfeiture of $268 pay per month for one month (suspended), and extra duty for 14 days. Military Police Report, dated 17 December 2003, shows the applicant was the subject of investigation for drunken driving. FG Article 15, dated 17 February 2004, for physically controlling a passenger car while the alcohol concentration in his blood was 0.10 grams of alcohol per 100 milliliters of blood or greater, as shown by chemical analysis on 14 December 2003. The punishment consisted of reduction to E-1, forfeiture of $586 pay per month for two months and extra duty for 45 days. Military Police, dated 5 July 2004, shows the applicant was the subject of investigation for careless or reckless driving, failure to obey general order/regulation, by operating a USAREUR plated vehicle without a valid USAREUR License, and fleeing apprehension. FG Article 15, dated 29 September 2004 for fleeing apprehension by driving away at a high rate of speed from a German Policeman, physically controlled a vehicle in a wanton manner by fleeing from a German Police traffic stop at a high rate of speed, forcing the police patrol to conduct a high risk traffic stop, and violated a lawful general regulation, by wrongfully operating a POV without being in possession of a valid certificate of license for the US Forces in Germany or other valid private operator's license issued by an appropriate military headquarters, all on 4 July 2004. The punishment consisted of forfeiture of $586 pay per month for two months, extra duty for 45 days, and restriction for 30 days. Counseling statements for acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 25 January 2005, shows the applicant was diagnosed with an Axis I for alcohol abuse. It was noted that the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command to include administrative separation under the provisions of AR 635-200, Chapter 14. At the time the applicant was not felt to be suicidal homicidal nor deemed to be a flight risk. The applicant had the mental capacity to understand and participated in the proceedings of a Chapter 14-12c, he was mentally responsible and was aware of right from wronged 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; several letters of recommendation; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that after his discharge he went to work as a civilian and has done so now, on the same job, for over 13 years without incident or reproach. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, a change to his narrative reason for discharge and a change of his reentry eligibility (RE) code. 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 evidence of record shows the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that after his discharge it hit him that he failed himself and his family and he pulled up his boot straps and went to work as a civilian and have done so now on the same job for over 13 years without incident or reproach. He shows up on time, he is a hard worker and he has taken everything that he though he didn't embrace or seemingly showed he didn't embrace and have implemented that into his work ethic and his home life. He is now married with children (especially young men) and is determined to show them that there is a better way than being a hot head all the time. The applicant's post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on his accomplishments. However, the applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 11 September 2019, 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 AR20190003092 1