1.	APPLICANT’S NAME:      

	a.	Application Date:  25 October 2014

	b.	Date Received:      3 November 2014

	c.	Counsel:                None

2.  REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and change to the narrative reason for separation to include the reentry eligibility (RE) code.  The applicant states, in effect, he was wrongfully discharged and should receive an honorable discharge with benefits and the ability to rejoin the military.  A records review was conducted on 7 October 2011.

In a personal appearance conducted at Arlington, Virginia, on 27 July 2015, and by a 3-2 vote, the Board after carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, determined the characterization of service was too harsh based on the length and quality of the applicant’s service to include his combat service, and his testimony mitigated the discrediting entry in the service record, and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.

(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:  14 May 2010

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  5 March 2010

		(2)	Basis for Separation:  The applicant was informed of the following reasons for his separation:  being arrested by Florida Police for trafficking in cocaine, fleeing to allude and resisting an officer without violence on 2 February 2010. 

		(3)	Recommended Characterization:  GD

		(4)	Legal Consultation Date:  26 April 2010/waived

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  28 April 2010/GD




4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  30 July 2008/4 years/with a moral waiver

	b.	Age at Enlistment/Education/GT Score:  19 years/HS Graduate/87

	c.	Highest Grade Achieved/MOS/Total Service:  PFC/E-3/92A10, Automated Logistical Specialist/1 year, 9 months and 15 days

	d.	Prior Service/Characterizations:  None
  
	e.	Overseas Service/Combat Service:  Southwest Asia/Iraq/27 April 2009-4 February 2010
  
	f.	Awards and Decorations:  NDSM, ICM-W/CS, GWOTSM, ASR, OSR
  
	g.	Performance Ratings:  None
  
	h.	Disciplinary Action(s)/Evidentiary Record:  A counseling statement notifying the applicant of initiation of separation action
  
	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  None

5.	APPLICANT-PROVIDED EVIDENCE:  DD Form 293, self-authored statement, Cardinal Health employment offer letter, four support statements, and a Clerk of the Circuit Court Certificate, Polk County, Florida, with three associated documents.

6.	POST SERVICE ACCOMPLISHMENTS:  The applicant works full time with Cardinal Health Inc.

7.	REGULATORY CITATION(S):  Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave.  Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 

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, paragraph 14-12c, 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 ISSUE(S):  The applicant requests to upgrade the characterization of his discharge and change to the narrative reason for separation to include the RE code.  The applicant’s record of service, 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 misconduct (serious offense), the applicant marred the quality of his service.

Army Regulation 635-5-1 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 14-12c, misconduct (serious offense).  The regulation further stipulates that no deviation is authorized.

The applicant seeking relief contends, he was wrongfully discharged and should receive an honorable discharge with benefits and the ability to rejoin the military.  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 contention.

Army Regulation 635-200, in pertinent part, stipulates a Soldier may be separated when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial.

Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does 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.

There is no basis to grant a change to the reentry (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 his 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 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 ACTION DIRECTED:

	a.	Issue a new DD-214:  		Yes

	b.	Change Characterization to:  	Honorable

	c.	Change Reason to:  			No Change

	d.	SPD/RE Code Change to:  		No Change

	e.	Restoration to Grade:  		NA


Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board
























Legend:
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	 	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20140019071

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