1. Applicant's Name: a. Application Date: 19 August 2019 b. Date Received: 26 August 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and to change the narrative reason and its corresponding codes for discharge. The applicant seeks relief contending, in pertinent part and in effect, the applicant explained in detail the plot that was made against the applicant to kick the applicant out of the Army. The applicant asked the chain of command to open an investigation to unfold the plot, but request was ignored. Thus an inequitable separation was initiated against the applicant with no evidence. The applicant's discharge was unfair and unreasonable. While Soldiers who sexually harassed and bullied other Soldiers; a SSG who had threatened to physically assault the applicant; two NCOs who had either an EO or SHARP complaint against them; Soldiers who were caught consuming alcohol; and a Soldier who received two Article 15 punishments, were not discharged. The applicant's current discharge does not match the applicant's overall good conduct before, during, and after enlistment. 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 July 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 June 2018 (2) Basis for Separation: The applicant was informed of the following reasons: On divers occasions between 5 February 2018 and 13 March 2018, the applicant walked to the DFAC without an appropriate battle buddy. On divers occasions between 5 February 2018 and 13 March 2018, the applicant failed to follow his duty by entering the DFAC with his backpack. On 9 March 2018, the applicant violated a lawful general regulation by bullying a fellow Soldier. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 June 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 July 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 July 2017 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 25 / Bachelor's Degree / 119 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 1 year, 8 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statements, dated 15 March 2018, for walking without a battle buddy, being late for a fireguard shift, taking his backpack into the DFAC, having blatant and willful disregard for his chain of command and standards of conduct, and setting inappropriate and harmful example to the Soldiers in contact with him; dated 12 March 2018, for failing to adhere to course guideline by disrespecting a classmate; and dated 26 April 2018, for being recommended for an involuntary separation. CG Article 15, dated 5 April 2018, for failing to obey a lawful order or regulation between 5 February 2018 and 13 March 2018, being derelict in the performance of his duties between 5 February 2018 and 13 March 2018, and violating a lawful general regulation on 6 November 2014 (sic), by wrongfully bullying a fellow Soldier. The punishment consisted of a reduction to E-3, forfeiture of $450, and 14 days of extra duty and restriction. Report of Mental Status Evaluation, dated 30 April 2018; providing no diagnosis, psychiatrically cleared the applicant for any administrative action deemed appropriate by her command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 19 August 2019, with self-authored statement; DD Form 214; discharge Orders; separation counseling/checklist; separation file memoranda; statement on the contents of a flash memory card; US Army induction certificate; Report of Mental Status Evaluation; Reports of Medical Assessment, Examination, and History; Article 15 and its associated documents; five counseling statements; FLAG; Request for Legal Action checklist; six supporting statements; birth certificate; Arabic in English article; email correspondence; five character reference statements/letters; State driving record; credit reports/scores; Bachelor Degree certificate; Bachelor of Engineering certificate; certificate of completion; certificate of recognition; summer internship certificate; summer trading certificate; and an email correspondence, dated 9 June 2017. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence shows he is participating as an Arabic language tutor with a university. 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, paragraph 14-12b, pattern of 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 and to change the narrative reason and its corresponding codes for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 pattern of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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's numerous contentions as bases for an unjust, unfair, unreasonable, and inequitable discharge were carefully considered. However, 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge and to change the narrative reason for his discharge. The third party statements provided with the application speak highly of the applicant's character and performance. His good conduct was also recognized after leaving the Army; however, the persons providing the character reference/supporting statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant contends that other Soldiers with offenses were not discharged or allowed to stay in the Army. However, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. Inconsideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant requests to change the reentry code to "1." However, Soldiers being processed for separation are assigned reentry codes based on their service records or the 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 are no basis upon which 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 applicant also requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12b is "Pattern of Misconduct," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Insofar as the applicant requests that his rank be restored, the Army Discharge Review Board is not empowered to restore former Service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. 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 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 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 AR20190013434 4