1. Applicant's Name: a. Application Date: 25 April 2016 b. Date Received: 16 May 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; his reentry code (RE) be changed; and, he desires to receive Army Service pay for the 13 years of service at the rank of Staff Sergeant. The applicant seeks relief contending, in effect, he was treated unfair in a case he had pending against him. His former spouse, allegedly made numerous allegations against him, to punish him and hurt his military career, because he had filed for divorce. None of these allegations were ever made throughout their marriage, though his spouse had claimed it all started in 2007. He was treated unfair by the military, as if he had committed a crime. When the allegations started, he reached out for help on numerous occasions from his military seniors, but no one heard or supported him. In spite of the challenges he faced he continued to work hard and was patient. The military personnel knew that his former spouse fabricated the stories, yet they continued to pursue him legally. He had multiple military leaders from his previous Chain of Command speak on behalf of his relationship with his former spouse. He states he never had anything derogatory in his military service record or anything that reflects this kind of behavior. During that time, he communicated frequently with his former spouse, and she shared with him the things that were going to happen. He states she apologized to him for causing him and his family so much pain, but she stated that she did not know that it would blow up so big and she hated it. Prior to his court-martial date, she stated to him that she would not testify against him, although the military tried to persuade her to do so. She recommended that he voluntarily submit a discharge under chapter 10, because it would allow her to receive money. He states she even shared a portion of the money with him that she had received from the military. The applicant states that he cried for help during his financial struggle, but he received none. Since his discharge, he has been denied unemployment and denied his military service pay. Additionally, after his discharge, he was still selected for promotion. He believes the military justice system needs to be reevaluated in many areas. He stands firm on believing he was treated unfair in his case. In a records review conducted at Arlington, VA on 19 July 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 635- 200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 31 July 2015 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: NIF (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: On 17 July 2015, the separation authority approved the applicant's request for discharge in lieu of trial by court-martial and dismissed the charges in his case without prejudice to the government. He further directed that the applicant be reduced to the lowest enlisted rank and that he be discharged. / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 April 2013 / 4 years b. Age at Enlistment / Education / GT Score: 29 / Associate's Degree / 114 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92S30, Shower / Laundry and Clothing Repair Specialist / 14 years, 15 days d. Prior Service / Characterizations: ARNG, 16 July 2001 - 3 January 2007 / HD IADT, 29 January 2002 - 24 May 2002 / HD AD, 1 October 2003 - 28 March 2005 / HD (Concurrent Service) RA, 4 January 2007 - 3 January 2010 / HD (NIF) RA, 4 January 2010 - 17 April 2013 / HD (NIF) e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (26 February 2004 - 6 January 2005; 31 October 2007 - 16 January 2009; 16 June 2011 - 28 February 2012), Afghanistan (1 March 2012 - 5 June 2012) f. Awards and Decorations: ACM-CS, MSM, ARCOM-5, AAM-3, USNAM, AGCM-4, ARCAM, NDSM, GWOTEM, GWOTSM, ICM-4CS, NCOPDR-3, ASR, OSR-3, AFRMM, NATOMDL, CAB g. Performance Ratings: 30 August 2012 -29 August 2013, Among The Best 30 August 2013 - 31 January 2014, Among The Best 1 February 2014 - 31 January 2015, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: General Court-Martial Order Number 6, dated 21 September 2015, reflects the proceedings were terminated on 1 July 2015. All charges and specifications were withdrawn by the convening authority on 1 July 2015. All rights, privileges, and property of which the applicant had been deprived by virtue of those proceedings were to be restored. The applicant was arraigned at Wheeler Army Airfield, Hawaii, on the following offenses at a General Court-Martial convened by the Commander, 8th Theater Sustainment Command: Charge I, Article 120, UCMJ (Prior to 1 October 2007), the applicant on divers occasions, between on or about 1 March 2007 and on or about 30 April 2007, rape X. Charge II, Article 120, UCMJ (1 October 2007), two specifications, the applicant caused bodily harm by causing X to engage in sexual acts (between 1 October 2007 and 30 September 2009; and, 1 July 2010 and 27 June 2012). Charge Ill, Article 120, UCMJ (After 28 Jun 12), the applicant on divers occasions, between on or about 1 April 2013 and on or about 31 December 2013, commit sexual acts upon X Charge IV, Article 125, UCMJ, two specifications, the applicant committed sodomy with X, between on or about 1 August 2007 and on or about 31 August 2007; and, on or about 1 September 2013 and on or about 30 September 2013. Charge V, Article 128, UCMJ, four specifications, the applicant unlawfully grabbed, hit, slapped and punched X, between on or about 1 July 2010 and on or about 28 April 2014. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application; and, a DD Form 149. 6. POST SERVICE ACCOMPLISHMENTS: 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. 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 "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; his reentry code (RE) be changed; and, he desires to receive Army Service pay for the 13 years of service at the rank of Staff Sergeant. The applicant's available record of service, 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. 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 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 that he should be given Army Service pay for the thirteen years of service at the rank of Staff Sergeant. However, the applicant's requested change to the DD Form 214 regarding his pay for the thirteen years of service does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends he was treated unfairly during the separation proceedings. However, 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 applicant's service record does not contain a complete separation packet of the specific facts and circumstances concerning the events which led to his discharge from the Army. Further, 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 any evidence, to support a change to the characterization of service granted. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The applicant contends that he had good service which included four combat tours. 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 July 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 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160009631 4