1. APPLICANT’S NAME: a. Application Date: 5 April 2015 b. Date Received: 10 April 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant states, in effect, his under other than honorable conditions discharge was supposed to be for a year; and he received an honorable discharge on 14 July 2009. He nearly lost his home to foreclosure, went into deep depression and was almost suicidal. He requests reinstatement to active duty to complete 20 years of service and retire honorably. In a personal appearance hearing conducted at Arlington, Virginia on 11 January 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 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 April 2010 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 1 April 2010, the applicant was charged with the following offenses: Intentionally exposing to Ms. G.J.L., in an indecent manner his penis while in the bedroom rented by Ms. G.J.L. (19 January 2010); Fraudulently enlisting by means of knowingly false representations he was a Sergeant First Class (SFC) and authorized to enlist as a SFC, when in fact he was a Staff Sergeant (SSG), procured himself to be enlisted as a SFC in the US Army, and did thereafter, at Camp Red Cloud Korea, receive pay and allowances under the enlistment so procured (14 July 2009); With intent to deceive, make to Special Agent (SA) J.A. of CID, an official statement, he has been a SFC since November 2007, which statement was false in SSG L.B.T. II, knew his correct rank was SSG, and was then known by the said SSG L.B.T. II, to be false (4 September 2009); With intent to deceive, make to SA J.A. of CID, an official statement, he provided documents including ABCMR 20160016613 and promotion orders dated 3 September 2001 as proof his rank was SFC, which statement was false and SSG L.B.T. II knew his correct rank was SSG, and was then known by the said SSG L.B.T. II to be false (4 September 2009); With intent to deceive, sign a fraudulent NCOER x3, verifying personnel data stating he was a SFC, which statement was false, which SSG L.B.T. II, knew his correct rank was SSG and was then known by the said SSG L.B.T. II to be false (10 December 2009, 14 July 2008 and 23 May 2008); At his place of residence, attempt to commit sodomy with Ms. G.J.L. by force and without the consent of the said Ms. G.J.L. (19 January 2010); For the purpose of obtaining the payment of a claim against the United States, in the amount of one year back pay as a SFC, on or about 19 November 2007, make and use a certain paper, a letter requesting back pay as a result of a decision made by ABCMR 2016-0016613, which said writing, the accused then knew, contained a statement SSG L.B.T. II, rank was administratively adjusted to SFC from 3 September 2001, which statement was false and fraudulent in there was no ABCMR 20160016613, and was then known by the accused to be false and fraudulent (19 November 2007); Willfully and unlawfully alter a public record, an Army Board Corrections for Military Records case file, by creating ABCMR 20160016613, when no such record or board existed (19 May 2007); and On divers occasions, wrongfully and willfully impersonating a noncommissioned officer by publicly wearing the uniform and insignia of rank of a SFC and exercising the authority of a SFC, by performing duties as such. (3) Recommended Characterization: Under Other than Honorable Conditions Discharge (4) Legal Consultation Date: 17 June 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 30 June 2010 / Under Other than Honorable Conditions Discharge / the applicant was reduced to the lowest enlisted rank. 4. SERVICE DETAILS: a. Date/Period of Enlistment: 2 July 2009 / NIF b. Age at Enlistment/Education/GT Score: 43 years / College Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: SSG / E-6 / 11B1X, Infantryman, 31B1X, Military Police / 23 years, 8 months and 18 days d. Prior Service/Characterizations: USAR (15 October 1986-12 November 1986) / NA RA (13 November 1986-5 October 1994 / HD USAR (6 October 1994-9 September 2000 / HD USAR (10 September 2000-24 August 2005) / NA AD (25 August 2005-30 June 2006) / HD USARCG (1 July 2006-4 October 2006) / HD RA (5 October 2006-1 July 2009) / HD e. Overseas Service/Combat Service: Germany / Korea / SWA / Iraq (1 October 2005-15 April 2006) f. Awards and Decorations: MSM, ARCOM-2, AAM-3, AGCM-5, NDSM-2, ICM-W/CS, GWOTSM, KDSM, AFRM-W/”M” DEV, AFRM, NPDR-2, ASR, OSR-5, KLM (KU), CIB, JMUA g. Performance Ratings: 1 November 2009-1 May 2010, Fully Capable h. Disciplinary Action(s)/Evidentiary Record: None i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; self-authored statement (four pages); two active duty orders 05-237-00006 and 259-27 (two pages each); recommendation for award; weapons intelligence team (WIT) newsletter (four pages); MILPER Message Number 05-143, Enlistment of Mobilized US Army Reserve or Army National Guard Soldiers into the Regular Army; verification of signature and date memorandum; DD Form 368 (Request for Conditional Release); Korea assignment orders 303-026; applicant’s career progression (three pages); and a honorable discharge certificate. Additional documents submitted by the applicant: OTH review (18 pages); letter of recommendation for law school; two active duty orders 05-237-00006 and 259-27 (two pages each); security clearance verification memorandum #05-95; memorandum of reprimand 1SG C. (two pages); two Recommendations for Award; reassignment orders 306-017; ); MILPER Message Number 05-143, Enlistment of Mobilized US Army Reserve or Army National Guard Soldiers into the Regular Army; Korea assignment orders 303-026; letter, to all concerned; private settlement-general release in the amount of $5,000 US Dollars (three pages); removal of international hold on the applicant memorandum; AR 15-6 investigation (20 pages); letter, regarding to reenlisting as an E-6 versus E-7; applicant’s family military honoring our country; e-mail traffic; two personnel actions; eight pages of photos; recommendation for OCS; request for conditional release; timeline of incidents; letter to congressman with associated documents (five pages); letter, NAACP on The Employment Non-Discrimination Act of 2009 (three pages); and a certificate of completion. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his self-authored statement, he was IT Program Manager earning a salary of $93,200 working in Fairfax, VA. He started his own company named T-Tech Solutions Inc., Founder and CEO. He also earned three college degrees and seeking the fourth. 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 ISSUE(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 acts of significant achievement and valor; however, it did not support the issuance of a general, under honorable conditions or an honorable discharge by the separation authority. The applicant seeks relief contending, his under other than honorable conditions discharge was supposed to be for a year; and he received an honorable discharge on 14 July 2009. AR 635-200, paragraph 3-5e(2) states, the characterization of service will be determined solely by the military record during the current enlistment or period of service, plus any extension thereof, from which the Soldier is being separated. The record indicates the applicant reenlisted in July 2009, he was issued an honorable discharge for the prior period of service. He reenlisted on 2 July 2014, and regulations in effect at the time did not authorize the issue of a separate DD Form 214. Chapter 2, AR 635-5 (Separation Documents), establishes the standardized policy for preparing and distributing the DD Form 214. Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214. The applicant further contends, he nearly lost his home to foreclosure, went into deep depression and was almost suicidal. The service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant requests reinstatement to active duty to complete 20 years of service and retire honorably. The Army Discharge Review Board is not empowered to reinstate former service members to active duty. The Board may only change the characterization of service or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional document(s): OTH Review Documents – 30 pages 2. The applicant presented no additional contentions. 3. Witness(es): Yes 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. 9. 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 Grade to: N/A AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150006686 4