1. Applicant's Name: a. Application Date: 14 October 2015 b. Date Received: 28 October 2015 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 had no history of misbehavior or disrespect to anyone who was superior to him. The applicant states that he extended his enlistment twice, the first to deploy to Haiti in support of the earthquake relief efforts and the second for school. The applicant contends that in 2012, he was supposed to be medically boarded due to being diagnosed with Lupus and Raynaud's, but he allegedly fought to stay in only to lose all his benefits due to his current discharge. The applicant contends that he was discharged from the service prior to the civilian court outcome. The applicant asks that the board grant him an honorable discharge based on his record and what he accomplished during his service. In a records review conducted at Arlington, VA on 15 February 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 11 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 February 2015 (2) Basis for Separation: The applicant committed a sexual act upon a child on two occasions at or near Fayetteville, N.C (January 2014). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 12 February 2012 (5) Administrative Separation Board: On 10 April 2005, the applicant was notified to appear before an administrative separation board and advised of his rights. On 4 May 2015, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's be separated from the Service with characterization of service of under other than honorable conditions. On 6 May 2015, the separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 6 May 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 July 2007 / 4 years / (14-month extension on 20 December 2010 and a 32-month extension on 1 October 2011) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 94F1P, Computer Detection Systems Repairer / 7 years / 8 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Haiti, SWA / Iraq (27 May 2011 to 13 December 2011) f. Awards and Decorations: ARCOM, AAM, AGCM-2, NDSM, ICM-CS, GWOTSM, AFSM, HSM, ASR, MUC, ASUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: 37 days (Civilian Confinement, 12 September 2014 to 19 October 2014) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant's record of service and the issues 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 (serious offense), 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 contends that he had no history of misbehavior or disrespect to anyone who was superior to him. The record does not contain any evidence of misbehavior or disrespect to his superiors. However, the service record indicates the applicant committed many discrediting offenses for which he was confined by civilian authorities. These offenses constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant contends that in 2012, he was supposed to be medically boarded due to being diagnosed with Lupus and Raynaud's, but he allegedly fought to stay in only to lose all his benefits due to his current discharge. The Physical Evaluation Board (PEB) findings pertaining to the applicant was approved. The applicant was found physically fit to perform the duties of his office, grade, rank and MOS within the limits of his profile. Findings of fit are based on the preponderance of evidence provided to the PEB. The mere presence of an impairment does not, of itself, always justify a finding of unfitness (Para 3-1, AR 635-40). The PEB provided detailed rationale in the DA Form 199 regarding why the Soldier was found fit for duty. The applicant's case is now considered closed and complete. The applicant contends that he was discharged from the service prior to the civilian court outcome. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial. Lastly, the applicant asks that the Board grant him an honorable discharge based on his record and what he accomplished during his service. 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 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 15 February 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 a New Separation Order: 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: 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 AR20150016952 1