1.	Applicant's Name: 

   a.	Application Date: 23 December 2020

   b.	Date Received: 7 January 2021

   c.	Counsel: None 

2.	REQUEST, ISSUES, BOARD TYPE, AND DECISION: 

   a.	Applicant's Requests and Issues:  The current characterization of service for the 
period under review is under honorable conditions (general). The applicant requests an upgrade 
to honorable.

   b.	The applicant states, in effect they are requesting an upgrade to their discharge so they 
could obtain medical insurance and use their G.I Bill to further their education.

   c.	Board Type and Decision:  In a records review conducted on 13 December 2023, and 
by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's one 
time misconduct and elapsed time since the incident. Therefore, the Board voted to grant relief 
in the form of an upgrade of the characterization of service to Honorable and changed to the 
separation authority to AR 635-200, the narrative reason for separation to Misconduct (Minor 
Infractions), with a corresponding separation code of JKN. The Board determined the reentry 
code was proper and equitable and voted not to change it.

3.	DISCHARGE DETAILS:

   a.	Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 
635-200, CH 14-12c  / JKQ / RE-3 / Under Honorable Conditions (General). 

   b.	Date of Discharge: 20 January 2017

   c.	Separation Facts: 

       (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: N/A

       (6)	Separation Decision Date / Characterization: NIF

4.	SERVICE DETAILS:

   a.	Date / Period of Enlistment: 11 April 2016 / 3 years 

   b.	Age at Enlistment / Education / GT Score: 20 / Home School Diploma / 94

   c.	Highest Grade Achieved / MOS / Total Service: E-4 (specialist) / 11C10 Indirect Fire 
Infantryman / 2 years, 11 months, 2 days

   d.	Prior Service / Characterizations: None

   e.	Overseas Service / Combat Service: Germany / None

   f.	Awards and Decorations: NDSM, GWTSM, ASR, OSR

   g.	Performance Ratings: N/A

   h.	Disciplinary Action(s) / Evidentiary Record: 

       (1)	An Enlistment/Reenlistment Document provides the applicant re-enlisted in the 
Army at the rank of specialist (E-4) for 3 years on 11 April 2016.

       (2)	A memorandum, Fort Riley Police Department, Fort Riley Kansas subject: Law 
enforcement report, provides the applicant was arrested by a Junction City police officer on 4 
November 2016 for driving under the influence and for having expired vehicle registration. They 
submitted to an intoxilyzer test; their BAC registered at .134 percent. 

       (3)	A memorandum, Headquarters, United States Army Garrison, Fort Riley, Kansas 
subject: Temporary suspension of installation driving privileges, dated 6 November 2016 
provides the applicant's driving privileges were temporarily suspended due to them being 
arrested for driving under the influence.

       (4)	An Enlisted Record Brief (ERB) provides the applicant was flagged for an 
involuntary Adverse Separation action (BA) on 7 November 2016. 

       (5)	A memorandum, Headquarters, Fort Riley, Kansas, subject: General Officer 
Memorandum of Reprimand, dated 15 November 2016, provides the applicant was reprimanded 
for driving under the influence of alcohol on 4 November 2016. They applicant was stopped by a 
Junction City police officer and they had a blood alcohol content of .134; the applicant 
acknowledged receipt of the reprimand and elected to not submit a statement on their behalf.

       (6)	Orders 005-0013, provides the applicant was notified of their separation date on 5 
January 2017. 

       (7)	A Certificate of Release or Discharge from Active Duty (DD Form 214) provides on 
20 January 2017 the applicant was discharged from the army.

*	Authority: 635-200, Chapter 14-12c
*	Narrative Reason: Misconduct (serious offense)
*	Service Characterization: Under Honorable Conditions (general)
*	Remarks: Continuous Honorable Active Service 19 February 2014 - 10 April 
2014; Immediate Reenlistment 11 April 2014 - 20 January 2017
*	Net Service: 2 years, 11 months, and 2 days
*	Signature: Electronically signed by the applicant

   i.	Lost Time / Mode of Return: None

   j.	Behavioral Health Condition(s): 

       (1)	Applicant provided: None

       (2)	AMHRR Listed: None

5.	APPLICANT-PROVIDED EVIDENCE: : A DD Form 293 (Discharge Review) application, and a 
copy of their DD Form 214.

6.	POST SERVICE ACCOMPLISHMENTS: None submitted in support of their application.

7.	STATUTORY, REGULATORY AND POLICY REFERENCE(S):  

   a.	Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides 
for the creation, composition, and scope of review conducted by a Discharge Review Board(s) 
within established governing standards. As amended by Sections 521 and 525 of the National 
Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides specific guidance to the 
Military Boards for Correction of Military/Naval Records and Discharge Review Boards when 
considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder 
(PTSD), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal 
abuse, as a basis for discharge review. The amended guidance provides that Boards will 
include, as a voting board member, a physician trained in mental health disorders, a clinical 
psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health 
condition, including PTSD, TBI, sexual trauma, IPV, or spousal abuse, as a basis for the 
discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval 
Records and Discharge Review Boards will develop and provide specialized training specific to 
sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma.

   b.	Multiple Department of Defense Policy Guidance Memoranda published between 2014 
and 2018. The documents are commonly referred to by the signatory authorities' last names 
(2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under 
Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing 
the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 
2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. 

       (1)	Individually and collectively, these documents provide further clarification to the 
Military Discharge Review Boards and Boards for Correction of Military/Naval Records when 
considering requests by Veterans for modification of their discharge due to mental health 
conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will 
be given to Veterans petitioning for discharge relief when the application for relief is based in 
whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual 
assault; or sexual harassment. Special consideration will be given to Department of Veterans 
Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or 
sexual assault/harassment potentially contributed to the circumstances resulting in a less than 
honorable discharge characterization. Special consideration will also be given in cases where a 
civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual 
assault/harassment if the case records contain narratives supporting symptomatology at the 
time of service or when any other evidence which may reasonably indicate that a mental health 
condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge 
might have mitigated the misconduct that caused a discharge of lesser characterization.

       (2)	Conditions documented in the service record that can reasonably be determined to 
have existed at the time of discharge will be considered to have existed at the time of discharge. 
In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment 
may be reasonably determined to have existed at the time of discharge, those conditions will be 
considered potential mitigating factors in the misconduct that caused the characterization of 
service in question. All Boards will exercise caution in weighing evidence of mitigation in cases 
in which serious misconduct precipitated a discharge with a less than Honorable 
characterization of service. Potentially mitigating evidence of the existence of undiagnosed 
combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as 
causative factors in the misconduct resulting in discharge will be carefully weighed against the 
severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution 
shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully 
considering the likely causal relationship of symptoms to the misconduct. 

   c.	Army Regulation 15-180 (Army Discharge Review Board), dated 25 September 2019, 
sets forth the policies and procedures under which the Army Discharge Review Board is 
authorized to review the character, reason, and authority of any Servicemember discharged 
from active military service within 15 years of the Servicemember's date of discharge. 
Additionally, it prescribes actions and composition of the Army Discharge Review Board under 
Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense 
Directive 1332.41 and Instruction 1332.28. 

   d.	Army Regulation 635-200 provides the basic authority for the separation of enlisted 
personnel provides the authorized types of characterization of service or description of 
separation.

       (1)	An Honorable discharge is a separation with honor and is appropriate when the 
quality of the Soldier's service generally has met the standards of acceptable conduct and 
performance of duty for Army personnel or is otherwise so meritorious that any other 
characterization would be clearly inappropriate. 

       (2)	A General discharge is a separation from the Army under honorable conditions and 
is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to 
warrant an honorable discharge. 

       (3)	An Under other-than-honorable-conditions discharge is an administrative 
separation from the Service under conditions other than honorable and it may be issued for 
misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain 
circumstances or patterns of behavior or acts or omissions that constitute a significant departure 
from the conduct expected of Soldiers in the Army.

       (4)	Except as otherwise indicated in this regulation, commanders must make maximum 
use of counseling and rehabilitation before determining that a Soldier has no potential for further 
useful service and, therefore, should be separated. In this regard, commanders will ensure that 
adequate counseling and rehabilitative measures are taken before initiating separation 
proceedings for the following reasons. Rehabilitative requirements are not required for 
individuals separated under Chapter 14-12c. 

*	Involuntary separation due to parenthood  
*	Personality disorder
*	Other designated physical or mental conditions
*	Entry-level performance and conduct
*	Unsatisfactory performance
*	Minor disciplinary infractions or a pattern of misconduct
*	Failure to meet body fat standards

       (5)	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.  A discharge under other than honorable conditions is normally appropriate 
for a Soldier discharged under this chapter. However, the separation authority may direct a 
general discharge if such is merited by the Soldier's overall record. A soldier subject to this 
discharge under this regulation will be considered and processed for discharge even though 
he/she has filed an appeal or has stated his/her intention to do so. 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.

       (6)	Chapter 15 provides explicitly for separation under the prerogative of the Secretary 
of the Army. Secretarial plenary separation authority is exercised sparingly and seldom 
delegated. Ordinarily, it is used when no other provision of this regulation applies, and early 
separation is clearly in the Army's best interest. Separations under this paragraph are effective 
only if approved in writing by the Secretary of the Army or the Secretary's approved designee as 
announced in updated memoranda. Secretarial separation authority is normally exercised on a 
case-by-case basis.

   e.	Army Regulation 600-85 (Army Substance Abuse Program (ASAP)) governs the 
program and identifies Army policy on alcohol and other drug abuse, and responsibilities. The 
ASAP is a command program that emphasizes readiness and personal responsibility. It 
provides the ultimate decision regarding separation or retention of abusers is the responsibility 
of the Soldier's chain of command. Abuse of alcohol or the use of illicit drugs by military 
personnel is inconsistent with Army values and the standards of performance, discipline, and 
readiness necessary to accomplish the Army's missions. Individuals who do not self-refer for 
treatment and are subsequently identified as positive for controlled substances for which they 
do not have a valid prescription may be considered in violation of the UCMJ for drug 
misuse/abuse.  

   f.	Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (Flag)) provides 
the policies, operating rules and steps governing the suspension of favorable personnel actions. 
A flag is emplaced during some type of disciplinary or administrative action until that action is 
concluded.  The Flag should be initiated within 3 working days after identification of the soldiers' 
unfavorable status and removed within 3 working days after determination of the final 
disposition. Commanders and general office staff will establish necessary internal controls to 
ensure requirements are met: DA Form 268 is prepared to reflect that favorable personnel 
actions are suspended; the Flag is input into HR systems without delay. Flag code "B" is a 
nontransferable code used when involuntary separation or discharge is initiated (field)

   g.	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, paragraph 12c, misconduct (serious offense).

   h.	Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, 
governs eligibility criteria, policies, and procedures for enlistment and processing of persons into 
the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 
1304.26. It also prescribes the appointment, reassignment, management, and mobilization of 
Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. 
Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. 
Table 3-1, defines reentry eligibility (RE) codes:

*	RE-1 Applies to: Person completing his or her term of active service who is 
considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all 
other criteria are met. 

*	RE-3 Applies to: Person who is not considered fully qualified for reentry or 
continuous service at time of separation, but disqualification is waiverable. Eligibility: 
Ineligible unless a waiver is granted. 

*	RE-4 Applies to: Person separated from last period of service with a nonwaiverable 
disqualification. This includes anyone with a DA imposed bar to reenlistment in effect 
at time of separation or separated for any reason (except length of service 
retirement) with 18 or more years active Federal service. Eligibility: Ineligible for 
enlistment. 

8.	SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for 
upgrade as instructed by Department of Defense Instruction 1332.28.

   a.	The applicant requests an upgrade to honorable. The applicant's DD-214 provides that 
the applicant received a General (under honorable conditions) characterization of service, rather 
than an under other than honorable conditions (UOTCH) discharge which is normally 
considered appropriate for a soldier discharged for serious misconduct.

   b.	Based on the available evidence the applicant enlisted in the army at the age of 20. 
They reenlisted in the Army in 2016 at the rank of specialist, 7 months into their 3-year 
contractual obligation they were arrested for driving under the influence of alcohol and for 
having expired vehicle registration; their blood alcohol content level registered at .234. They 
received a General Officer Memorandum of Reprimand for driving under the influence of alcohol 
and was processed for administrative separation.

   c.	A Review of the record provides administrative irregularity occurred in the proper 
retention of official records, specifically, the AMHRR is void of the applicant's entire separation 
packet to include documentation to support if the applicant consulted with counsel and if they 
received the required medical and mental separation examinations. Due to the lack of evidence, 
we are unable to provide all the specific facts and circumstances surrounding the applicant's 
involuntary separation. Notwithstanding the lack of evidence, the record provides they applicant 
was flagged for involuntary separation, and they signed a properly constituted DD Form 214, 
that shows they were discharged under the provisions of Army Regulation 635-200, Chapter 14 
(serious offense) with an under honorable conditions (general) characterization of service on 20 
January 2017.

   d.	Chapter 14 establishes policy and prescribes procedures for members being separated 
for misconduct. Specific categories include minor disciplinary infractions, a pattern of 
misconduct, commission of a serious offense and convictions by civil authorities. Action will be 
taken to separate a member for misconduct when it is clearly established that rehabilitation is 
impracticable or is unlikely to succeed. A discharge under other than honorable conditions is 
normally appropriate for a soldier discharged under this chapter. However, the separation 
authority may direct a general discharge if such is merited by the soldier's overall record.

   e.	Published Department of Defense guidance indicates that the guidance is not intended 
to interfere or impede on the Board's statutory independence. The Board will determine the 
relative weight of the action that led to the discharge and whether it supports relief or not. In 
reaching its determination, the Board shall consider the applicant's petition, available records 
and/or submitted documents in support of the petition.

9.	BOARD DISCUSSION AND DETERMINATION: 

   a.	As directed by the 2017 memo signed by A.M. Kurta, the board considered the following 
factors: 

       (1)	Did the applicant have a condition or experience that may excuse or mitigate the 
discharge? No. The Board's Medical Advisor, reviewed DoD and VA medical records and found 
no mitigating BH diagnoses on the applicant. The applicant provided no documents or testimony 
of a condition or experience, that, when applying liberal consideration, could have excused or 
mitigated a discharge.

       (2)	Did the condition exist or experience occur during military service? N/A

       (3)	Does the condition or experience actually excuse or mitigate the discharge? N/A 

       (4)	Does the condition or experience outweigh the discharge? N/A 

   b.	Response to Contention(s): The applicant contends they would like an upgrade so they 
can obtain medical insurance and use the G.I. Bill to further their education. The Board 
considered this contention and determined that eligibility for Veteran's benefits, to include 
educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do not 
fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should 
contact a local office of the Department of Veterans Affairs for further assistance. However, the 
Board voted to grant relief based on the applicant's one time misconduct and length of time 
elapsed since the incident. 

   c.	The Board determined the discharge is inequitable based on the applicant's one time 
misconduct and elapsed time since the incident. Therefore, the Board voted to grant relief in the 
form of an upgrade of the characterization of service to Honorable and changed to the 
separation authority to AR 635-200, the narrative reason for separation to Misconduct (Minor 
Infractions), with a corresponding separation code of JKN. The Board determined the reentry 
code was proper and equitable and voted not to change it. 

   d.	Rationale for Decision: 

       (1)	The Board voted to change the applicant's characterization of service to Honorable 
based on the applicant's one time misconduct of a DUI and elapsed time since the incident. The 
Board determined the discharge was inequitable and thus, the prior characterization is no longer 
appropriate.

       (2)	The Board voted to change the reason for discharge to Misconduct (Minor 
Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. 
The SPD code associated with the new reason for discharge is JKN.

       (3)	The RE code will not change, as the current code is consistent with the procedural 
and substantive requirements of the regulation.

10.	BOARD ACTION DIRECTED:

   a.	Issue a New DD-214:  Yes

   b.	Change Characterization to:  Honorable

   c.	Change Reason / SPD Code to:  Misconduct (Minor Infractions)/JKN

   d.	Change RE Code to:  No Change

   e.	Change Authority to:  AR 635-200

Authenticating Official:
 
Legend:


AWOL - Absent Without Leave
AMHRR - Army Military Human 
Resource Record
BCD - Bad Conduct Discharge
BH - Behavioral Health
CG - Company Grade Article 15
CID - Criminal Investigation 
Division
ELS - Entry Level Status
FG - Field Grade Article 15
GD - General Discharge 
HS - High School 
HD - Honorable Discharge
IADT - Initial Active Duty Training
MP - Military Police
MST - Military Sexual Trauma
N/A - Not applicable
NCO - Noncommissioned Officer
NIF - Not in File
NOS - Not Otherwise Specified
OAD - Ordered to Active Duty
OBH (I) - Other Behavioral 
Health (Issues)
OMPF - Official Military 
Personnel File
PTSD - Post-Traumatic Stress 
Disorder
RE - Re-entry
SCM - Summary Court Martial
SPCM - Special Court Martial 
SPD - Separation Program 
Designator 
TBI - Traumatic Brain Injury
UNC - Uncharacterized 
Discharge
UOTHC - Under Other Than 
Honorable Conditions
VA - Department of Veterans 
Affairs



ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE
AR20210007318
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