1. Applicant's Name: a. Application Date: 16 May 2016 b. Date Received: 31 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, he served almost seven continuous honorable period of service, received two Army Good Conduct Medals and a combat tour in Iraq. He was initially recommended for discharge with a general (under honorable conditions) and the rear detachment commander changed it to an under other than honorable conditions characterization of service. In a records review conducted at Arlington, VA on 9 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 (Civil Conviction) / AR 635-200, Chapter 14, SEC II / JKB / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 15 March 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 28 October 2009 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was found guilty by the Superior Court of Washington For Pierce County of rape in the third degree and assault in the second degree. (3) Recommended Characterization: General (Under Honorable Conditions) / Unit commander's recommendation. On 10 February 2010, the applicant's chain of command recommended approval of the conditional waiver request and also recommended an under other than honorable conditions discharge. (4) Legal Consultation Date: 2 November 2009 (5) Administrative Separation Board: The applicant voluntary waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions). On 8 February 2010, the applicant again consulted with legal counsel and voluntary waived consideration of his case by an administrative separation board and would not contest a characterization of his service as under other than honorable conditions. (6) Separation Decision Date / Characterization: 18 February 2010 / Under Other Than Honorable Conditions / the applicant was to be reduced to the lowest enlisted grade. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 February 2008 / 6 years b. Age at Enlistment / Education / GT Score: 24 years / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 8 years, 10 days d. Prior Service / Characterizations: RA, 7June 2001 to 7 September 2005 / HD RA, 8 September 2008 to 28 February 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq, 4 February 2003 to 22 July 2003 f. Awards and Decorations: ARCOM, AAM-2, AGCM-2, NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: Civilian Confinement for 269 days (13 January 2009 to 11 October 2009) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 149 (two pages); and a letter, Director, Case Management Division. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under than honorable conditions to general (under honorable conditions). 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 military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the misconduct (civil conviction), the applicant diminished the quality of his 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 he should have been retained on Active Duty. The applicant seeks relief contending, he served almost seven continuous honorable service, received two Army Good Conduct Medals and a combat tour in Iraq. 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 further contends, he was initially recommended for discharge with a general (under honorable conditions) and the rear detachment commander changed it to an under other than honorable conditions characterization of service. The record of evidence shows that the unit commander notified the applicant of separation action by reason of civil conviction with a general (under honorable conditions) discharge. Further, the intermediate commander(s) and the separation authority are not bound by his recommendation as to characterization of service. The separation authority may direct that his service be characterized as honorable or under honorable conditions. 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 9 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 / 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 AR20160010505 4