1. Applicant's Name: a. Application Date: 12 January 2017 b. Date Received: 27 February 2017 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 effect, he is a single father of two kids and has been unemployed for a long time. He is homeless with no income to provide for his family or health insurance. He wanted to join the local police force, but he could not join because of his discharge. He states, he never had issues with the law and he is really struggling in life right now. He is asking the Board to upgrade his discharge, which would allow him to find a job and provide for his family. His is a man that made a big mistake 11 years ago and now he has given his life to the lord for the past 8 years. He does not drink or smoke or do drugs. He has people that are willing to help get him into the law enforcement field. He states that he gives back to the community by talking to kids at schools and churches and does volunteer work with the Red Cross and Salvation Army. The past few years have been really hard for him and his nine year old son and ten year old daughter. His children are all that he has and he has to provide for them. He asks for the Board to give him the chance to change his life around. He does not have any money, car or home. He has nothing, but God and his kids. He was 21 then and he is 32 now and asks for the Board to forgive him for a mistake he made when he was a young boy. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 21 November 2012. In a personal appearance hearing conducted at Arlington, VA on 29 January 2018, 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: 18 October 2006 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 20 July 2006, the applicant was charged with: Charge I, violation of the Uniform Code of Military Justice, Article 120: Specification 1: In that, the applicant, on or about 24 March 2006, commited the offense of carnal knowledge with Ms. X, a person who attained the age of 12 but was under the age of 16. Specification 2: In that, the applicant, on or about 25 March 2006, committed the offense of carnal knowledge with Ms. X, a person who attained the age of 12 but was under the age of 16. Specification 3: In that, the applicant, on or about 27 March 2006, committed the offense of carnal knowledge with Ms. X, a person who attained the age of 12 but was under the age of 16. Charge II, violation of the Uniform Code of Military Justice, Article 134: Specification 1: In that, the applicant, a married man, on or about 24 March 2006, wrongfully have sexual intercourse with Ms. X, a woman not his wife. Specification 2: In that, the applicant, a married man, on or about 25 March 2006, wrongfully have sexual intercourse with Ms. X, a woman not his wife. Specification 3: In that, the applicant, a married man, on or about 27 March 2006, wrongfully have sexual intercourse with Ms. X, a woman not his wife. (2) Legal Consultation Date: 29 September 2006 (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: 4 October 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 September 2004 / 5 years, 17 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 2 years, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, HSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; and, five character statements. 6. POST SERVICE ACCOMPLISHMENTS: He states that he gives back to the community by talking to kids at schools and churches and does volunteer work with the Red Cross and the Salvation Army. 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. 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, 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 at the time of his separation. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The Army Discharge Review Board is authorized to consider post-service factors in the characterization 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 Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving 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 applicant further contends that he is homeless. Eligibility for housing supportive program benefits for veterans does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homelessness Veterans Hotline at 1-877-424-3838 for free and confidential assistance. 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 document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): No additional documents submitted at the hearing. b. The applicant presented the following additional contention(s): No additional issues were raised during the hearing. c. Witness(es) / Observer(s): No witnesses or observers were listed with the applicant. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 29 January 2018, 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/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 AR20170003736 4