AR20180004914

1. Applicant’s Name:

a. Application Date: 2 March 2016

b. Date Received: 11 April 2018

c. Counsel: None

2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the
characterization of service from general (under honorable conditions) to honorable and a
change to the narrative reason for separation to include the reentry eligibility (RE) code. The
applicant seeks relief contending, in effect, the charges which were initially given were dropped
and he was exonerated in a civilian court of law. He was wrongfully accused in a civilian court in
South Korea, despite all the evidence and testimony in his favor. After appealing the charges, they
were dropped and he was released. He wants to reenlist in the Army and enough time has
passed for him to recover mentally.

In a records review conducted at Arlington, VA on 4 May 2018, 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 (Civil Conviction) /
AR 635-200, Chapter 14, SEC II / JKB / RE-3 / General (Under Honorable Conditions)

b. Date of Discharge: 8 May 2008

c. Separation Facts: Yes

(1) Date of Notification of Intent to Separate: NIF

(2) Basis for Separation: The applicant was informed of the following reason for his
discharge; he was convicted of rape by the Daegu District Court and sentenced to three years
confinement (10 September 2007).

(3) Recommended Characterization: Under Other Than Honorable Conditions

(4) Legal Consultation Date: 11 January 2008

(5) Administrative Separation Board: The applicant requested consideration of his
case by an administrative separation board.

On 25 February 2008, the separation approving authority referred the applicant’s case to an
administrative separation board.

On 26 February 2008, the applicant was notified to appear before an administrative separation
board and advised of his rights. On 10 March 2008, the administrative separation board
convened. The applicant did not appear with counsel. The board recommended the applicant
be separated from the US Army for conviction in a foreign country with a characterization of
service of general (under honorable conditions).

(6) Separation Decision Date / Characterization: On 2 April 2008, the separation
authority approved the findings and recommendations of the administrative separation board
and directed the applicant’s discharge with a characterization of service of general (under
honorable conditions).

4. SERVICE DETAILS:

a. Date / Period of Enlistment: 16 June 2006 / 4 years

b. Age at Enlistment / Education / GT Score: 23 years / HS Graduate / 102

c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y20, Unit Supply Specialist /
5 years, 2 months, 27 days

d. Prior Service / Characterizations: RA, 13 August 2002 to 18 August 2004 / HD
RA, 19 August 2004 to 15 June 2006 / HD

e. Overseas Service / Combat Service: Korea

f. Awards and Decorations: ARCOM, AAM, AGCM-2, NDSM, GWOTSM, KDSM,
NOPDR, ASR, OSR

g. Performance Ratings: 1 May 2006 to 31 October 2006, Marginal
1 November 2006 to 29 June 2007, Fully Capable

h. Disciplinary Action(s) / Evidentiary Record: None

i. Lost Time / Mode of Return: Foreign confinement for 179 days, 29 June 2007 to
27 December 2007, by the Daegu District Court, Korea

j. Diagnosed PTSD / TBI / Behavioral Health: None

5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); University of Alaska
Anchorage, Associate’s Degree; FBI RAP Sheet (three pages); defense counsel’s letter (three
pages); McClatchy Newspapers article (four pages); Daegu District Office, the judgment (seven
pages); CID / DNA Report (three pages); Chil Gog Police Station, fingerprint request (five
pages); memorandum, request for the applicant to be retained on active duty (two pages); and
ten support / character statements.

6. POST SERVICE ACCOMPLISHMENTS: The applicant submitted a document that shows he
earned an Associate’s degree.

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.
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 “JKB” as the
appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army
Regulation 635-200, Chapter 14, SEC II, misconduct (civil conviction).

The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code
of “JKB” will be assigned an RE Code of 3.

8. DISCUSSION OF FACT(S): The applicant requests an upgrade the characterization of service
from general (under honorable conditions) to honorable and a change to the narrative reason for
separation to include the 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. By the misconduct (civil conviction), the applicant diminished the
quality of his service below that meriting an honorable discharge at the time of separation.

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 requests a change to the narrative reason for separation to include the RE code.
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 “JKB” as the
appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army
Regulation 635-200, Chapter 14, SEC II, misconduct (civil conviction). The regulation further
stipulates that no deviation is authorized.

The applicant seeks relief contending, the charges which were initially given were dropped and
he was exonerated in a civilian court of law; after appealing the charges, they were dropped and
he was released; and he was wrongfully accused in a civilian court in South Korea, despite all
the evidence and testimony in his favor. The record shows that the applicant was initially
sentenced to three years confinement, not suspended. The applicant appealed to the Daegu
High Court which found that the applicant accidentally caused this crime while serving dutifully
in the US Army far away from his family and he was deeply sorry for what he did. This is a very
serious crime and the liability for this crime was not minor. However, the accused admitted his
guilt of the crime and the applicant apologized to the victim and the victim does not want to
punish the applicant, and the applicant regrets his act. In consideration of all these conditions
on sentencing, the punishment of the applicant from the original court was too severe.
Therefore, the sentence was suspended for 5 years from the date when the judgment becomes
final and conclusive.

The applicant desires to reenlist in the Army and enough time has passed for him to recover
mentally. Soldiers being processed for separation are assigned reentry codes based on their
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 was no
basis 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 RE codes if appropriate.

The applicant’s post-service accomplishments have been noted as outlined in a document with
the application.

The third party statements provided with the application speak highly of the applicant. However,
the persons providing the character reference 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 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 4 May 2018, 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
AR20180004914
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