1. Applicant’s Name: a. Application Date: 20 May 2015 b. Date Received: 19 October 2015 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, he had good service with many accomplishments and was on track to become a senior officer. The incident, which served as the basis for his discharge, was based on allegations from a young disgruntled lower enlisted female in his company who claimed she was engaged in a relationship with the applicant over a period of 10 days. The female continued to harass the applicant and would not take no for an answer. Before he knew it, he was facing court-martial charges. The applicant believed the stand up, right thing to do was to resign. He believed it was clear that regardless of the lies being told about him his command lost faith in him. The applicant believed the self-less thing to do was to allow his unit to continue on by requesting a chapter 10 discharge. Though he believed his request was the right thing to do at the time, he now is burdened by his decision and would like to progress in civilian life. The applicant states he would never have faced criminal charges for the acts he was accused of, however those acts have affected his civilian life for almost 15 years. Since his discharge, the applicant has done everything he can do to better himself and contribute to society in another way. He earned his Master’s degree and worked as an electrical engineer. The applicant continues to earn additional certifications and has trained thousands of people on motorcycle safety. In a personal appearance hearing conducted at Arlington, VA on 8 August 2016, 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: In Lieu of Trial by Court-Martial / AR 600-8-24 / Chapter 3-13 / DFS / NA / Under Other Than Honorable Conditions b. Date of Discharge: 30 April 2001 c. Separation Facts: (1) Date of Notification of Intent to Separate: On 13 December 2000, the applicant was charged with the following charges: Charge I: Violating Article 92, UCMJ, for: on diverse occasions violated a lawful general regulation by wrongfully having and inappropriate relationship with PFC W E. Charge II: Violating Article 133, UCMJ, without authority or cause, disclose the confidential medical information of a Soldier in his command without that Soldier’s consent, a violation of Army Regulation 40-66, to PFC W E, a person without an official need to know, which conduct was unbecoming an officer and gentleman and a disgrace to the armed forces, on or about August 2000. Charge III: Violating Article 134, UCMJ, wrongfully have sexual intercourse with PFC W E, a married woman not his wife, between 1 August 2000 to 21 August 2000. On 5 January 2001, the applicant was charged with two specifications of violating Article 86, UCMJ, without authority failed to go at the time prescribed to his appointed place of duty, on or an about 14 December 2000, and on or about 15 December 2000. On 2 February 2001, the applicant was charged with violating Article 133, UCMJ, for wrongfully and willfully obstruct Richmond County law enforcement officers in the lawful discharge of their duties by refusing to lay down his weapon and exit his apartment, which conduct under the circumstances was unbecoming of an officer and a gentleman. (2) Basis for Separation: Pursuant to applicant’s request for discharge under the provisions of Chapter 3-13, In Lieu of Trial by Court-Martial. (3) Recommended Characterization: The chain of command recommended disapproval of the applicant’s request for discharge and that the case proceed through the military justice system for proper disposition. (4) Legal Consultation Date: 26 January 2001 (5) Administrative Separation Board: 2 April 2001 (Army AD Hoc Review Board) (6) Separation Decision Date/Characterization: 3 April 2001 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Appointment: 3 June 1995 (appointment) / Indefinite b. Age at Appointment /Education/GT Score: 22 / Bachelor’s Degree / NA c. Highest Grade Achieved/MOS/Total Service: O-3 / 25A, Signal General / 5 years, 10 months, 28 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: ARCOM, AAM, NDSM, ASR, OSR-2 g. Performance Ratings: 10 February 1996 - 27 September 1996, Promote Ahead of Contemporaries 28 September 1996 - 23 June 1997, Promote Ahead of Contemporaries 24 June 1997 - 30 September 1997, Promote Ahead of Contemporaries 1 October 1997 - 31 December 1997, Best Qualified 1 January 1998 - 24 April 1998, Best Qualified 25 April 1998 - 4 February 1999, Best Qualified 5 February 1999 - 19 July 1999, Best Qualified 20 July 1999 - 19 July 2000, Best Qualified h. Disciplinary Action(s)/Evidentiary Record: GO Article 15, dated 14 January 1999, for violating a lawful general regulation by driving a vehicle while under the influence of an intoxicant and for operating a vehicle while drunk injuring 2LT D K with the vehicle, on or about 15 November 1998. Three Charge Sheets, as previously described above in the basis for separation, paragraph 3c(1). i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 with legal brief and all listed enclosures. 6. POST SERVICE ACCOMPLISHMENTS: Earned his Master’s Degree; obtained several certifications; gained employment as an electrical engineer; and, teaches motorcycle safety courses. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-100 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army. Chapter 3, Section XV establishes policy and procedures for involuntary relief from active duty. Paragraph 3-58(g) provides that an officer who is found guilty, or action is taken tantamount to a finding of guilty, in a Federal or State court may be immediately released from active duty by the Secretary of the Army, when the offense is punishable under the UCMJ with confinement of 1 year or more, or when the offense involves moral turpitude, regardless of the sentence received or the maximum punishment under any code. AR 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officers. Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct. 8. DISCUSSION OF FACT(S): The applicant, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable and a narrative reason change. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The record indicates the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge. The applicant voluntarily requested resignation in lieu of trial by general court-martial. The applicant contends that he erroneously received a general, under honorable conditions discharge when it should have been honorable. However, the record indicates the applicant’s request for resignation in lieu of court-martial was approved with a characterization of service as under other than honorable conditions. He also requests that his date of birth be corrected; however, the applicant’s record correctly reflects his date of birth. The applicant desires a change in the narrative reason for the discharge. However, the applicant was separated under the provisions of Chapter 3, paragraph 3-13, AR 600-8-24 with an under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," and the separation code is "DFS." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that since leaving the Army he has earned his Master’s degree and obtained employment. Additionally, taught thousands of motorcycle riders on motorcycle safety. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character. The applicant contends that he had good service which included promotions and recommendations for positions of increased responsibility. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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. 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 documents: Character letters – 5 pages b. The applicant presented the following additional contentions: Change Narrative Reason to Secretarial Authority c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 8 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214/: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) 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 AR20150016757 5