1. Applicant's Name: a. Application Date: 2 February 2016 b. Date Received: 5 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, she served her country with courage, honor, and pride, to include serving in a combat zone. The applicant contends that, because she admitted to having sexual relations with a Soldier who outranked her while she was still married, she was denied a lawyer and a court- martial and was forced out of the US Army. Since her discharge, she has been more than patient in waiting to upgrade her discharge. In a records review conducted at Arlington, VA on 19 May 2017, 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 / General (Under Honorable Conditions) b. Date of Discharge: 12 January 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 December 2005 (2) Basis for Separation: The applicant made a false official statement and committed adultery. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 December 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 January 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 June 2004 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92S10, Shower/Laundry/Clothing / 1 year, 7 months, 11 days d. Prior Service / Characterizations: USAR, 16 March 2004 to 1 June 2004 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation, dated 5 0ctober 2005, reflects the applicant was the subject of an investigation for making a false statement and kidnapping. The report further revealed that the applicant falsified her report of kidnapping and sexual assault in an attempt to get attention. Three negative counseling statements, dated between 31 October 2005 and 10 November 2005, for adultery, making a false official statement, pending a FG Article 15, and pending separation action respectively. Mental Health Status Evaluation, dated 16 November 2005, reflects the applicant was psychiatrically cleared for any administrative action(s) deemed appropriate by command. FG Article 15, dated 9 December 2005, for making a false official statement (27 August 2005) and she being a married woman, did wrongfully have sexual intercourse with SPC R.L.S., a man not her husband (27 August 2005). The punishment consisted of a reduction to E-1, forfeiture of $617 pay for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 FACT(S): The applicant requests an upgrade of her general (under honorable conditions) to honorable. The applicant's record of service and the issues submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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 (serious offense), the applicant diminished the quality of her 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 she should have been retained on Active Duty. The applicant contends that she served her country with courage, honor, and pride, to include serving in a combat zone. Further stating that she never failed a PT test or went AWOL. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant alleges that, since she admitted to having sexual relations with a Soldier who outranked her while she was still married, she was denied a lawyer and a court-martial and was as forced out of the US Army. The record of evidence shows that the commander was considering whether the applicant should be punished under Article 15 for making a false official statement and adultery. The battalion commander advised the applicant if she did not want her to dispose of this report of misconduct under Article 15, she had the right to demand trial by court-martial instead. The battalion commander gave the applicant 48 hours to consult with counsel to decide what she wanted to do. Applicant did not demand trial by court-martial. Further, the record of evidence also shows that the applicant was advised by consulting counsel of the basis for the contemplated action for involuntary separation for commission of a serious offense, under the provisions of AR 635-200, Chapter 14-12c. The applicant also contends, she has been more than patient in waiting to upgrade her discharge. The US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. 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 19 May 2017, 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 a. 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: 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 AR20160003568 1