1. Applicant's Name: a. Application Date: 4 June 2019 b. Date Received: 7 June 2019 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, discharge was inequitable because it was based on an isolated incident during 156 months of service with no other adverse actions. In a records review conducted at Arlington, VA on 3 June 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: 3 July 2019 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 February 2016 / 6 years b. Age at Enlistment / Education / GT Score: 30 years / Associate's Degree / 106 c. Highest Grade Achieved / MOS / Total Service: E-7 / 14T48, Patriot Operator / Maintainer / 13 years, 20 days d. Prior Service / Characterizations: RA, 14 June 2006 to 28 October 2009 / HD RA, 29 October 2009 to 20 February 2013 / HD RA, 21 February 2013 to 18 May 2014 / HD RA, 19 May 2014 to 25 February 2016 / HD e. Overseas Service / Combat Service: Germany / SWA / Kuwait, 6 February 2007 to 7 February 2008 / Bahrain, 11 October 2014 to 11 October 2015 f. Awards and Decorations: ARCOM-4, AAM-11, AGCM-3, NDSM, GWOTEM, GWOTSM, NOPDR-3, ASR, OSR-3 g. Performance Ratings: 27 September 2016 to 25 October 2017, Qualified 26 October 2017 to 17 April 2018, Not Qualified h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 4 May 2018, for having received a lawful command from CPT C.W., his superior commissioned officer, to not contact any IET Soldiers, or words to that effect, did willfully disobey the same by contacting PV2 C.S. on Snapchat (28 March 2018); fail to obey a lawful general regulation, by wrongfully going into the female bay without a female drill sergeant (23 February 2018); fail to obey a lawful general regulation, by wrongfully messaging PVT T., on Instagram between (19 December 2017 and 3 January 2018); fail to obey a lawful general regulation, by wrongfully texting and Instagram messaging PV2 C.S. between (1 September 2017 and 30 November 2017); and fail to obey a lawful general regulation, by wrongfully texting and messaging on social media PVT J.P. between (1 September 2017 and 19 March 2018); forfeiture of $1,500 pay for two months, $1,000 pay for two months (suspended). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); applicant's biography (two pages); 49 character / support statement; memorandum, Article 15 matters (three pages); three sworn statements by applicant (nine pages); AMHRR documents, consisting of certificates of achievement, awards, accolades, military diplomas, college transcript and a college diploma, (62 pages); nine NCOERs; and four Academic Evaluation Reports. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of misconduct (serious offense), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct, serious offense) with a reentry eligibility (RE) code of 3. The applicant seeks relief contending, his discharge was inequitable because it was based on an isolated incident during 156 months of service with no other adverse actions. The available service record (FG Article 15), indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. 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. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 June 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 AR20190009502 1