1. APPLICANT’S NAME: a. Application Date: 29 April 2015 b. Date Received: 8 May 2015 c. Counsel: Yes 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant request an upgrade of his under other than honorable conditions discharge to honorable. The applicant did not submit any issues of equity or propriety to be considered by the Board. In a personal appearance hearing conducted at Arlington, Virginia on 8 February 2016, and by a 5-0 vote, after carefully examining the applicant’s record of service during the period of enlistment under review, the Board determined the characterization of service was too harsh based on the applicant’s length and quality of service to include his combat service and the circumstances surrounding the discharge (i.e., testimony of applicant and counsel), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board further determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other than Honorable Conditions b. Date of Discharge: 25 April 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 February 2015 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 5 February 2015, the applicant was charged with the following offenses: Attempting to commit abusive sexual contact upon PFC A.E., by standing in front of PFC A.E. and leaning forward to kiss her lips with his mouth, causing bodily harm to her, to wit: stood in front of PFC A.E. and leaning forward to kiss her lips with his mouth, without the consent of PFC A.E. (5 September 2014); Committing sexual contact upon PFC A.E., by grabbing PFC A.E.'s breast through her clothing, by causing bodily harm to her, to wit: grabbing PFC A.E.'s breast through her clothing with his hand, without the consent of PFC A.E. (5 September 2014); Committing sexual contact upon PFC M.W., by grabbing PFC M.W’s breast through her clothing, by causing bodily harm to her, to wit: grabbing PFC M.W.'s breast through her clothing with his hand, without the consent of PFC M.W. (31July 2014); and The continuation sheet is not contained in the available record; however, the request for discharge indicates he was charged with one specification of Article 128, assault. (3) Recommended Characterization: Under Other Than Honorable Conditions Discharge (4) Legal Consultation Date: 2 March 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 10 April 2015 4. SERVICE DETAILS: a. Date/Period of Enlistment: 14 December 2012 / 3 years b. Age at Enlistment/Education/GT Score: 34 years / HS Graduate / 99 c. Highest Grade Achieved/MOS/Total Service: SSG / E-6 / 91L10, Construction Equipment Repairer / 12 years, 10 months and 7 days d. Prior Service/Characterizations: USMC (17 June 2002-16 June 2006) / HD USMCR (17 June 2006-16 March 2010) / HD RA (17 March 2010-13 December 2012) / HD e. Overseas Service/Combat Service: SWA / Iraq x3 (18 March 2003-10 June 2003), (19 February 2004-20 September 2004) and (24 August 2005-6 March 2006) / Korea f. Awards and Decorations: AAM-2, AGCM, NDSM, ICM-W/4CS, GWOTEM, GWOTSM, KDSM, NOPDR-2, ASR, OSR-2, USMVGCM, N/MCAR, USN/USMCPUC, USNSSDR-2 g. Performance Ratings: 17 March 2010-26 September 2014, Among The Best h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application (seven pages); two DD Forms 214; and an enlistment/reenlistment document (three pages). 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF ISSUE(S): The applicant request an upgrade of his under other than honorable conditions discharge to honorable. The applicant’s record of service and the application he submitted were carefully reviewed The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents acts of significant achievement and valor; however, it did not support the issuance of a general, under honorable conditions or an honorable discharge by the separation authority. The applicant did not submit any issues of equity or propriety to be considered by the Board. 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. Documents/Testimony Presented During Personal Appearance: 1. The applicant submitted the following additional document(s): a. DD Form 214, Letter, Department of Veterans Affairs (4 pages) b. Chronological Record of Medical Care (two pages); Enlisted Record Brief (ERB); three NCOERs and a US Marine Corps, Meritorious Mast c. Two AAMs citations; two transcripts, North Central Institute and Rio Hondo College (2 pages each) 2. The applicant presented no additional contention(s). In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008577 1