1. Applicant's Name: a. Application Date: 9 November 2020 b. Date Received: 9 November 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to reenlist. The applicant contends that he served 95% of his contractual obligation to the military in good standing before he was unjustly discharge from the Army. He had only six months left as his ETS date was 2 August 2020. He does not believe his actions were deserving of the discharge he received and requests a review of his discharge. In a records review conducted at Arlington, VA on 22 January 2021, 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 / General, (Under Honorable Conditions) b. Date of Discharge: 20 February 2020 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 January 2020 (2) Basis for Separation: The applicant was informed of the following reasons: for being disrespectful in language towards SSG O.R., on diverse occasions; Being disrespectful in deportment toward 1SG D.C; and Assaulting and being disrespectful in language towards CPT P.S. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 January 2020 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 January 2020 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 August 2016 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25N10, Nodal Network Systems Operator / 3 years, 6 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 5 November 2018, for discharging a M4 Carbine Rifle in a field training exercise 29 August 2018. The punishment consisted of extra duty and restriction for five days. FG Article 15, dated 27 June 2019, for being disrespectful in language toward SSG O.R., by saying to him "quit hiding behind your rank," or words to that effect and saying to him "you're a toxic NCO who just fucks Soldiers over," or words to that effect on 8 May 2019; being disrespectful in deportment toward First Sergeant D.C., by refusing to go to parade rest on 8 May 2019; and wrongfully communicating to SSG O.R., a threat to injure him on 8 May 2019. The punishment consisted of reduction to E-1, forfeiture of $840 (suspended), and extra duty and restriction for 45 days. Arrest document dated 9 May 2019, indicating the applicant was arrested for communicating a threat. Several negative counseling statements for various 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 19 September 2019, indicated that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a self-authored letter. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 a change to 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 applicant seeks relief contending that he served 95% of his contractual obligation to the military in good standing before he was unjustly discharge from the Army. He had only six months left as his ETS date was 2 August 2020. He does not believe his actions were deserving of the discharge he received and requests a review of his discharge. The applicant's contentions were noted, 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 this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. In fact, the applicant's Articles 15 and numerous negative counseling statements justify a pattern of misconduct. The applicant's statement alone does not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The applicant seeks relief contending, that he would like an upgrade of his discharge for the purpose of being able to reenlist. 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. It should also be noted that based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant should have been 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 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 22 January 2021, 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 / 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 AR20200009525 1