1. APPLICANT’S NAME: a. Application Date: 6 August 2015 b. Date Received: 11 September 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from general, under honorable conditions to honorable. The applicant seeking relief contends, in pertinent part and in effect, an upgrade would allow him to pursue an education and set a better example for his children. He has learned a lot. He has been striving to better himself for his family and country. He is employed as a technician for AT&T, where he is a great asset to the company. During his service, he never received a negative counseling statement, an Article 15, or any type of disciplinary action. He does admit he should have conducted himself in a more professional manner during the time of the incident. He is now married to an amazing woman who has contributed to his growth. He is a member of a Baptist Church where he attends church every Sunday and he is a God fearing man. He would love to be given a second chance to serve beside his brothers and sisters, and a chance to further his education. His current discharge does not justify the Soldier he was in the correct way. His actions which led him to his discharge were asinine but built his character and it has made him a better well-rounded person. After carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and post service accomplishments, and as a result it is inequitable. Accordingly, in a personal appearance hearing conducted at Arlington, VA on 11 April 2016, and by a 4-1 vote, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and by a 5-0 vote, the Board 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: 6 February 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 January 2010 (2) Basis for Separation: The applicant was informed the reasons for initiating an action to separate him was due to receiving a summary court-martial in September 2009, for indecent sexual conduct. (3) Recommended Characterization: General, Under Honorable Conditions discharge (4) Legal Consultation Date: 20 January 2010 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 25 January 2010 / General, Under Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 23 August 2007 / 3 years, 11 weeks b. Age at Enlistment/Education/GT Score: 21 / HS Graduate / 91 c. Highest Grade Achieved/MOS/Total Service: E-5 / 19K10, Armor Crewman / 5 years, 11 months, 27 days d. Prior Service/Characterizations: ARNG (10 February 2004-19 May 2004) / NA          IADT (20 May 2004-3 July 2004) / NA          ARNG (4 July 2004-31 May 2005) / NA          IADT (1 June 2005-4 November 2005) / HD          ARNG (5 November 2005-29 May 2006) / NA          MOB (30 May 2006-22 August 2007) / HD (Note: DD Form 214 for service beginning 30 May 2006, has an incorrect ending date of 25 August 2007.) e. Overseas Service/Combat Service: SWA, Korea / Iraq (2 August 2006-31 July 2007) f. Awards and Decorations: ARCOM-2; AAM; AGCM; NDSM; GWOTSM; KDSM; ICM-CS; ASR; OSR-3; AFRM-M DEV g. Performance Ratings: 1 September 2008-26 July 2009, Among the Besty h. Disciplinary Action(s)/Evidentiary Record: Report of Result of Trial indicates on 30 October 2009, the applicant was found guilty of violating Article 120, UCMJ, for committing indecent conduct with PFC P on 21 February 2009. The sentence consisted of a reduction to E-4. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: None. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he has been employed as a technician for AT&T where he is a great asset to the company and he is a member of a Baptist Church where he attends church every Sunday. 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. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of the characterization of his discharge from general, under honorable conditions to honorable. The applicant’s record of service and the issues 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. 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. The applicant has expressed his desire to rejoin the Service, to have better job opportunities and to pursue an education through the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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. Further, Soldiers are assigned reentry codes based on their service records or the 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 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. In consideration of the applicant's service accomplishments and the quality of his service prior to the incidents which led to his discharge, and his post-service accomplishments, the Board can find that his complete period of service and post-service accomplishments were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 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. a. The applicant submitted the following additional document(s): 1. Awards/Certificates – (14 pages) 2. Character letter – (1 page) 3. Statement – (1 page) 4. P. statement, dated 9 October 2008 – (1 page) b. The applicant presented the following additional contentions: Change narrative reason to misconduct and RE-Code to 1 10. BOARD DETERMINATION: After carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and post service accomplishments, and as a result it is inequitable. Accordingly, in a personal appearance hearing conducted at Arlington, VA on 11 April 2016, and by a 4-1 vote, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and by a 5-0 vote, the Board voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Honorable b. Change Characterization to: No Change 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 NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150015420 3