1. Applicant's Name: a. Application Date: 4 March 2016 b. Date Received: 11 March 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, that his discharge was inequitable because it was based on one isolated incident in over 18 years of service with no other adverse actions. He contends his awards, medals, commendations, noncommissioned officer and officer evaluation reports demonstrate honorable service. In a records review conducted at Arlington, VA on 26 June 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: Unacceptable Conduct / AR 600-8-24, Paragraphs 4-2b / JNC / NA / Under Other Than Honorable Conditions b. Date of Discharge: 17 January 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 December 2012 (2) Basis for Separation: The applicant was required to show cause for retention on active duty under the provision of AR 600-8-24, paragraph 4-2b (5) and (8), due to his personal acts of misconduct and conduct unbecoming of an officer. He was notified of the following reasons for elimination: Committing an indecency with a child (sexual contact) when he touched his fifteen year old daughter on the breasts and buttock under her cloths; and Conduct unbecoming an officer as indicated by the above referenced indecent conduct (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process (5) Administrative Separation Board / BOI: On 10 May 2013, a Board of Inquiry recommended the applicant be involuntarily eliminated from the United States Army based on misconduct and moral or professional dereliction under an under other than honorable conditions characterization of service. (6) Separation Decision Date / Characterization: On 10 October 2013, the Department of the Army Board of Review for Eliminations recommended the applicant be involuntarily eliminated from the United States Army based on misconduct and moral or professional dereliction with an under other than honorable conditions characterization of service. On 22 November 2013, the Acting Assistant Secretary of the Army (Manpower and Reserve Affairs) approved the Board's recommendations to involuntarily eliminate the applicant from the United States Army based on misconduct and moral or professional dereliction (AR 600-8-24, paragraph 4-2b) with an under other than honorable conditions characterization of service. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 September 2007 / Indefinite b. Age at Enlistment / Education / GT Score: 33 / 14 years / NA c. Highest Grade Achieved / MOS / Total Service: CW2 / 948B0, Electronic Systems Maintenance Officer / 20 years, 9 months, 4 days d. Prior Service / Characterizations: RA, 2 June 1994 to 19 May 1998 / HD RA, 20 May 1998 to 15 December 2002 / HD RA, 16 December 2002 to 13 July 2005 / HD RA, 14 July 2005 to 24 September 2007 / HD Appointed WO1/USAR, 25 September 2007 e. Overseas Service / Combat Service: Germany, SWA / Bosnia (1 March 1996 to 1 December 1996 and 10 September 1997 to 8 March 1998); Serbia (28 May 2000 to 12 December 2000); Iraq (26 April 2003 to 15 July 2004, 6 January 2009 to 3 January 2010, and 27 May 2011 to 25 October 2011) f. Awards and Decorations: ARCOM-4, AAM-7, AGCM-4, MUC, NDSM-2, USA, USAF PUC, ASUA, ICM-2CS, AFEM, GWOTEM, GWOTSM, KCM, AFSM, NOPDR-2, ASR, OSR-5, KCM-BS, NATOMDL g. Performance Ratings: 5 March 2008 to 3 March 2012 (four reports), Best Qualified h. Disciplinary Action(s) / Evidentiary Record: Coryell County Sheriff's office incident - narrative report, dated 21 September 2012 i. Lost Time / Mode of Return: The DD Form 214 under reviews shows 121 days of time lost (19 September 2012 to 17 January 2013), the reason for the time lost was not shown in the available record. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant' unacceptable conduct diminished the quality of his service below meriting an honorable or general (under honorable conditions) discharge at the time of separation. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant seeks relief contending, his discharge was based on an isolated incident during more than 18 years of honorable military service, with no other adverse actions on his record. He believes his awards, medals, commendations, noncommissioned officer and officer evaluation reports demonstrate honorable service. 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. However, although an isolated 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 an isolated 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 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 character of the applicant's discharge is commensurate with his overall service record. 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 26 June 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160005758 1