1. Applicant's Name: a. Application Date: 20 January 2016 b. Date Received: 9 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. The applicant seeks relief contending, in pertinent part and in effect, the police report proves that he was innocent of all charges he was accused of, yet it was never placed in his file. The applicant further contends that his discharge was inequitable because the statements made by his ex-wife and the two females were taken by SFC D., the same SFC she was living with. By living with him, the applicant states, it allowed ample time for SFC D. to coach her and the remaining two females to file a false report. One witness, an E-3 who was fresh out of OSUT, admitted to being coached by the SFC on what to say-he and other accusers feared what would happen to them, if they did not state what the SFC told them to state. The applicant contends, because he was not given a fair change and as soon as the police report came out, his discharge was processed quickly. His discharge was also inequitable because he had no other adverse action since his enlistment in May 1992. He served with distinction, earned his air assault wings, the expert infantry badge, multiple awards for distinction, and earned the coveted title of honor graduate of his Primary Leadership Development Course. He became an NCO. He earned the highest award in recruiting. His NCOERs show he was an NCO of the highest caliber. In a records review conducted at San Antonio, TX on 24 March 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 30 October 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated (undated), reflects the applicant was charged with violation of the UCMJ, Articles 92, 128, and 134. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 92, Disobeying a lawful order issued by a commissioned officer (with two specifications) Charge II: Violation of the UCMJ, Article 128, Assault Charge III: Violation of the UCMJ, Article 134, General (with five specifications) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 22 October 2002 (5) Separation Decision Date / Characterization: 25 October 2002 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 December 2001 / 2 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 122 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B14, Infantryman / 10 years, 5 months, 12 days d. Prior Service / Characterizations: ARNG, 19 May 1992 to 8 November 1993 / NA RA, 9 November 1993 to 7 March 1996 / HD RA, 8 March 1996 to 21 July 1997 / HD RA, 22 July 1997 to 13 December 2001 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM, AAM-2, AGCM-2, NDSM, NCOPDR, ASR, OSR g. Performance Ratings: June 2001 thru November 2001, Among the Best h. Disciplinary Action(s) / Evidentiary Record: Charge Sheet described at the preceding paragraph 3c(2). i. Lost Time / Mode of Return: 8 days (Military Confinement, 18 October 2002 to 25 October 2002) / released when the applicant's request for discharge in lieu of trial by court- martial was approved (Note: This period of time lost is not on his DD Form 214.) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with two self-authored statements; facsimile transmittal sheet, with six page civilian police report; National Personnel Records Center letter; DD Form 214; DA Form 2-1; four enlistment contracts with its associated enlistment documents; reenlistment document; Award and Badge Orders and Certificates; Service School Academic Evaluation Report; Recruiter Course; three Basic Recruiter Badge with One, Two, and Three Gold Achievement Star awards; Gold Recruiter Badge and with One, Two, and Three Sapphire Achievement Stars awards; case separation file; discharge orders; 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. AR 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, in Lieu of Trial by Court-Martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran's benefits. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no other acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority. The applicant contends the police report proves that he was innocent of all charges he was accused of, yet it was never placed in his file. The applicant further contends that his discharge was inequitable because the statements made by his ex-wife and the two females were taken by SFC D., the same SFC she was living with. The applicant's contentions were carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced sufficient evidence to support his issues or to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further sufficient evidence in support of this request for an upgrade of the discharge. The applicant contends his discharge was also inequitable because he had no other adverse action in his entire Army career. Although isolated incidents of misconduct, the discrediting entries 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 incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service was or was 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. BOARD DETERMINATION: In a records review hearing conducted at San Antonio, TX on 24 March 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 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: 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 AR20160005852 1