1. Applicant’s Name: a. Application Date: 23 November 2015 b. Date Received: 6 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to his narrative reason for separation and to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that an unfair decision was made to discharge him. He contends that he was discharged for committing adultery, which he knows was a very serious offense within the Army. However, he made one mistake that ended his Army career forever. He was a perfect Soldier throughout his military career, and exceeded the standards by getting promoted to Staff Sergeant quickly in a difficult MOS. During his separation board he had letters of recommendations to stay in the Army from his First Sergeant, Warrant Officer, and a Sergeant First Class. He also had a Master Sergeant, Sergeant First Class, Staff Sergeant, and a First Lieutenant speak on his behalf at his separation board. He contends there was a Major who was the President of his board and he believes his Colonel who initiated his separation were buddies per say. Right before his board the two were communicating and he believes he had an unfair decision because other members of his board voted for him to stay in the Army, but he believes the major had the final decision. In a records review 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Honorable b. Date of Discharge: 19 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 December 2011 (2) Basis for Separation: The applicant was informed of the following reasons: violating a lawful general order by wrongfully being behind closed doors in living quarters with a member of the opposite sex on or about 1 April 2011 and 4 May 2011 Wrongfully committing adultery with Private First Class K.L.A., on or about 1 April 2011; and Making a false official statement to Captain C.D.B., on or about 7 May 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 29 December 2011, the applicant requested consideration of his case by an administrative separation board (5) Administrative Separation Board: On 8 January 2012, the applicant was notified to appear before an administrative separation board and advised of his rights On 23 January 2012, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant’s discharge with a characterization of service of honorable (6) Separation Decision Date/Characterization: On 4 February 2012, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of honorable 4. SERVICE DETAILS: a. Date/Period of Enlistment: 2 November 2006 / 6 years b. Age at Enlistment/Education/GT Score: 21 years / HS Graduate / 89 c. Highest Grade Achieved/MOS/Total Service: E-6 / 92A10, Automated Logistical Specialist / 8 years, 5 months, 21 days d. Prior Service/Characterizations: RA-29 October 2003 – 1 November 2006 / HD e. Overseas Service/Combat Service: SWA, Korea / Iraq (25 January 2005 – 28 January 2006) and Afghanistan (15 February 2011 – 7 February 2012) f. Awards and Decorations: ARCOM-3, AAM-4, AGCM-2, NDSM, ACM-w/2CS, GWOTEM, GWOTSM, KDSM, ICM-w/CS, NOPDR-2, ASR, OSR-3, NATO MDL, CAB, AAB g. Performance Ratings: 1 July 2008 – 30 June 2009, Among The Best 1 July 2009 – 13 December 2009, Fully Capable 14 December 2009 – 13 December 2010, Among The Best 14 December 2010 – 30 September 2011, Marginal h. Disciplinary Action(s)/Evidentiary Record: CID Report, dated 27 May 2011, which shows the applicant was the subject of investigation for wrongful sexual contact and making a false statement. FG Article 15, dated 7 July 2011, for making a false official statement to Captain C.D.B., that he was not having an inappropriate/improper relationship with another Soldier in his unit on or about 7 May 2011, violating a lawful general order, dated 13 November 2010, by wrongfully being behind closed doors in living quarters with a member of the opposite sex on 1 April 2011 and 4 May 2011, and wrongfully having sexual intercourse with Private First Class K.L.A., a married woman not his wife on 1 April 2011. The punishment consisted of reduction to E-5, forfeiture of $1,360.00 pay per month for two months, and extra duty and restriction for 45 days. Several DA Forms 4856 (Developmental Counseling Form), dated between 25 June 2011 and 6 October 2011, for adultery and recommendation of separation under the provisions of Chapter 14-12c. i. Lost Time: None. j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: An online application, dated 23 November 2015; letter of apology; and two letters of support. 6. POST SERVICE ACCOMPLISHMENTS: None. 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. 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, 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 FACT(S): The applicant requests a change to his narrative reason for separation and to his reentry eligibility (RE) code. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. Evidence in the record shows that on 4 February 2012, the separation authority after reviewing the findings and recommendation of the administrative separation board proceedings pertaining to the applicant, approved the findings of the board and directed that the applicant be discharged from the United States Army with a characterization of service of honorable under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c by reason of Misconduct (serious offense). 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, for misconduct (serious offense). The regulation further stipulates that no deviation is authorized. Also 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. The applicant seeks relief contending, an unfair decision was made to discharge him, he made one mistake that ended his Army career; he was a perfect Soldier throughout his military career, and exceeded the standards by getting promoted to Staff Sergeant quickly in a difficult MOS; and that he received several recommendation from members of his chain of command to stay in the military. However, 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 issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unfairly discharged. In fact, evidence in the record shows that separation action was initiated against the applicant for violating a lawful general order by wrongfully being behind closed doors in living quarters with a member of the opposite sex on or about 1 April 2011 and 4 May 2011, wrongfully committing adultery with another Soldier who was not his wife; and making a false official statement in reference to the improper relationship. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 and the applicant is to be commended for his accomplishments. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 8 August 2016, 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: 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 AR20160000143 5