1. Applicant's Name: a. Application Date: 8 July 2016 b. Date Received: 18 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, his discharge was inequitable because, it does not accurately reflect who he is or what he had accomplished in his life to include over 17 years of active service. He states, his discharge does not take into consideration his combat service, during which he received a Bronze Star Medal; it was based on a lapse of judgement with no other adverse action; his evaluations and awards reflect he was regularly rated above center mass in relation to his peers and he led with distinction; and, he has taken ownership of his personal misconduct and he did not run from the issues in front of him. He has taken the steps necessary to gain back the trust of his family, friends and coworkers. In a records review conducted at Arlington, VA on 22 September 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, Chapter 4-2b / JNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 24 April 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 June 2014 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provisions of AR 600-8-24, paragraphs 4-2a (3), 4-2b (8) and 4-2c(5) for substandard performance of duty, misconduct-professional dereliction and derogatory information, due to the following reasons: Acts of personal misconduct, and General Officer Memorandum of Reprimand (GOMOR). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) GCMCA Recommendation Date / Characterization: On 18 December 2014, the GCMCA recommended disapproval of the applicant's request for retention and recommend that he be involuntarily eliminated from service / General (Under Honorable Conditions) (6) DA Ad Hoc Review Board: 30 March 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Appointment: 16 May 1997 / Indefinite b. Age at Appointment / Education / GT Score: 22 / Bachelor's Degree / NIF c. Highest Grade Achieved / MOS / Total Service: O-4 / 35E, Counterintelligence / 17 years, 11 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, Qatar, SWA / Iraq (11 March 2007 - 19 September 2007) f. Awards and Decorations: BSM, JSM, ARCOM, AAM-2, JMUA, NDSM, AFEM, GWOTSM, GWOTEM, ICM-CS g. Performance Ratings: 1 January 2007 - 18 April 2014 / NIF 19 April 2014 - 10 April 2015 / Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum Of Reprimand, dated 20 March 2014, for engaging in an adulterous relationship and for misusing the Secure Internet Protocol Routing Network (SIPRNET to exchange in a series of sexually explicit e-mails in violation of UCMJ Articles 92 and 134. 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. 6. POST SERVICE ACCOMPLISHMENTS: He obtained a position as a Project Manager; and, he has become active in Veteran affairs serving as the communications lead in his local chapter of a military employee resource group. 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 his general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 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, such that he should have been retained. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant contends the event that caused his discharge from the Army was an isolated lapse in judgement. Although a single incident or lapse, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had good service which included a combat tour. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good performance while serving in the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 22 September 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 AR20160013099 2