1. Applicant’s Name: a. Application Date: 20 September 2016 b. Date Received: 20 September 2016 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for his separation. The applicant seeks relief contending, in effect, on the basis of equity, the underlying conduct was not prejudicial to good order and discipline. In a personal appearance hearing conducted at Arlington, VA on 23 January 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 and 4-24a(1) / BNC / NA / Honorable b. Date of Discharge: 6 February 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 September 2012 (2) Basis for Separation: The applicant was directed to “show cause” for his retention on active duty for misconduct, moral, or professional dereliction, conduct unbecoming an officer, and receiving punishment under Article 15, UCMJ, and on the following specific basis: wrongfully engaged in an inappropriate relationship with a married woman not his wife, by engaging in indecent conversations and exchanging indecent pictures of lewd and lascivious nature over electronic media (between 1 February 2011 and 7 February 2012); wrongfully engaged in sexual intercourse with a married woman, who was the wife of his friend (between 17 February 2012 and 28 February 2012); and, received punishment under Article 15, UCMJ for the aforementioned acts (6 September 2012). (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 19 October 2012 (5) ADHOC Board: On 8 January 2013, the AD HOC review board considered the applicant’s request for resignation in lieu of elimination according to AR 600-8-24, chapter 4. (6) Separation Decision Date / Characterization: 14 January 2013 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 March 2004 / Indefinite b. Age at Enlistment / Education / GT Score: 20 / Bachelor’s Degree / HD c. Highest Grade Achieved / MOS / Total Service: WO3 / 153M0, UH-60M Pilot / 9 years, 2 months, 16 days d. Prior Service / Characterizations: RA, 21 October 2003 to 11 March 2004 / NA e. Overseas Service / Combat Service: SWA / Iraq (5 October 2005 to 4 October 2006), Afghanistan (23 November 2008 to 27 November 2009 and 12 February 2011 to 7 February 2012) f. Awards and Decorations: ARCOM, AAM-3, NDSM, ACM-3CS, ICM-2CS, AM-5, GWOTSM, ASR, OSR-3, NATOMDL, CAB, MUC g. Performance Ratings: 1 March 2005 thru 8 June 2007, Best Qualified     9 June 2007 thru 25 January 2010, Best Qualified     26 January 2010 thru 25 January 2013, Best Qualified h. Disciplinary Action(s) / Evidentiary Record: GO Article 15, dated 4 September 2012, for wrongfully having an inappropriate relationship over the course of a yearlong deployment (February 2011 to 7 February 2012), with a married woman, not his wife, by engaging in indecent conversations and exchanging indecent pictures of a lewd and lascivious nature over electronic media; for visiting a strip club (on or about 28 February 2012); and for wrongfully having sexual intercourse with a married woman, which was the wife of his friend, (on or about 17 February 2012). Conduct was unbecoming of an officer and a gentleman and to the disgrace of the armed forces. The punishment consisted of a forfeiture of $2191.00 pay per month for two months and a written reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and an online application. 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. 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 "BNC" as the appropriate code to assign Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b and 4-24a(1), unacceptable conduct. 8. DISCUSSION OF FACT(S): The applicant requests a change to the narrative reason for his separation. The applicant’s record of service and the issues 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 sufficient evidence that her service mitigated the unacceptable conduct or poor duty performance, such that she should have been retained on Active Duty. Further, the applicant’s record contains no evidence of arbitrary or capricious actions by the command. The applicant contends the narrative reason for the discharge should be changed because the underlying conduct was not prejudicial to good order and discipline. However, the applicant was separated under the provisions of Chapter 4, AR 600-8-24 with a honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “Unacceptable Conduct,” and the separation code is “BNC.” The applicant as an Army officer had the duty to abide by the rules and regulations that he took an oath to uphold as an officer. Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions. b. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 23 January 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160015455 4