1. Applicant's Name: a. Application Date: 18 December 2019 b. Date Received: 18 December 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason and its corresponding separation code for discharge, and to restore grade. The counsel on behalf of the applicant seeks relief contending, in pertinent part and in effect, the applicant was an extraordinarily good officer who made a mistake, and for which the applicant was appropriately reprimanded. The applicant's record must be corrected to accurately reflect the authority for discharge. The current authorities reflect that the applicant was administratively separated; however, there is no official record or other Army records to reflect that the applicant was, in fact, administratively separated. Absent these documents, the applicant's current discharge is prejudicial to post-Army career. Unfortunately, employers do use the separation codes and not the characterization of the service, as the basis for hiring decisions. Furthermore, it is counterintuitive to provide an Honorable discharge with a narrative reason of "unacceptable conduct." 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: Unacceptable Conduct / AR 600-8-24, Paragraphs 4-2b and 4-24a(1) / BNC / NA / Honorable b. Date of Discharge: 3 November 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: In an undated memorandum (2) Basis for Separation: The applicant was informed of the following reasons: On 21 February 2015, a Canadian police officer initiated a traffic stop because the applicant failed to maintain a single lane of traffic. The applicant had a strong odor of an alcoholic beverage emanating from his breath and a breathalyzer test detected that the applicant had a blood alcohol content of 226 milligrams of alcohol in 100 millimeters of blood. The applicant was then charged under Canadian law with impaired operation of a vehicle and driving with a blood alcohol content over 80 milligrams. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 1 April 2016, with conditional waiver of BOI (Board of Inquiry), the applicant tendered a resignation in lieu of elimination proceedings, contingent upon receiving a characterization of service no less favorable than Honorable. (5) DA Ad Hoc Review Board Recommendation: General (Under Honorable Conditions) (6) Separation Decision Date / Characterization: 14 October 2016 / Honorable 4. SERVICE DETAILS: a. Date Ordered to AD / Period: 7 June 2006 / Indefinite Date / Period / Appointment: 27 May 2006 / Indefinite, USAR b. Age at Enlistment / Education / GT Score: 22 / BS Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-3 / 13A, 2B Field Artillery, General / 10 years, 4 months, 27 days d. Prior Service / Characterizations: USAR ROTC (24 October 2002 to 26 May 2006) / NA e. Overseas Service / Combat Service: SWA, Canada / Iraq (24 September 2007 to 2 November 2008), Afghanistan (15 March 2010 to 9 March 2011) f. Awards and Decorations: BSM-2; MSM; AAM; NDSM; ACM-2CS; ICM-CS; GWOTSM; ASR; OSR-3; NATO MDL; CAB; MUC; VUA g. Performance Ratings: 10 OERs: 4 April 2007 thru 10 August 2007, Outstanding Performance, Must Promote 11 August 2007 thru 14 May 2008, Outstanding Performance, Must Promote 15 May 2008 thru 30 March 2009, Outstanding Performance, Must Promote 3 September 2009 thru 15 July 2010, Outstanding Performance, Must Promote 16 July 2010 thru 1 June 2011, Outstanding Performance, Must Promote 2 June 2011 thru 7 November 2011, Outstanding Performance, Must Promote 8 November 2011 thru 1 November 2012, Outstanding Performance, Must Promote 2 November 2012 thru 1 November 2013, Outstanding Performance, Must Promote 28 June 2014 thru 27 June 2015, Excels 28 June 2015 thru 15 February 2016, Proficient h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand and its associated documents, dated 2 December 2015, indicates the applicant was reprimanded for driving while under the influence of alcohol on 21 February 2015. Report of Mental Status Evaluation, dated 16 June 2016, providing no diagnosis, psychologically cleared the applicant for any administrative action as his command deemed appropriate, including separation through resignation of his commission. 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 18 December 2019, with counsel-authored brief; NPRC letter, dated 22 October 2019; DD Form 214; ROTC Cade Contract; two deployment Orders; two promotion Orders (1LT and CPT); CAB Orders; 10 OERs; two BSM certificates; SGLI Election and Certificate; three Records of Emergency Data; ROTC Enlistment document; two Service School Academic Reports; MUC Orders; NATO MDL certificate; TDY Orders; VUA Orders; certificate of training; Air Assault Badge Orders; PCS/Amendment/Rescission Orders; Memorandum of Appointment; two PCS Orders; MSM certificate; two Recommendations for Award; Oath of Office; GOMOR and associated documents; PCS Orders; Pre-Separation/Transition Checklists; ORB; and AAM certificate. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. 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 "BNC" as the appropriate code to assign Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b and 4-24a(1), unacceptable conduct, pursuant to resignation or voluntary discharge in lieu of elimination proceedings. 8. DISCUSSION OF FACT(S): The applicant requests to change the narrative reason and its corresponding separation code for his discharge, and to restore his grade. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms his discharge, based on unacceptable conduct, 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that the command's action was erroneous or sufficient evidence showing his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained on Active Duty. The applicant 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 4, paragraph 4-2b is "Unacceptable Conduct," and the separation code is BNC. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. In consideration of the applicant's service accomplishments and quality of his service prior to the incident of misconduct, the Board can find that his accomplishments and complete period of service were or were not sufficiently mitigating to warrant a change to the narrative reason for his discharge. The applicant contends that changes to his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities 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 AR20190015499 1