1. Applicant’s Name: a. Application Date: 3 February 2016 b. Date Received: 8 February 2016 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 and a narrative reason change. The applicant seeks relief contending, in effect, his discharge was improper because it was based on claims that the victim changed their mind and did not want to pursue the issue after the applicant’s lawyer requested behavioral, medical, and past allegations records which would prove that the accuser had a history of making false claims. The applicant contends that his discharge was influenced by a support issue, where he filed a congressional inquiry on the ombudsman who verbally threatened him. The hospital commander forwarded a memorandum to Senator R clearly stating that his congressional inquiry was a deflection to influence his case outcome. The applicant further contends that his discharge was improper because the accuser was a Gold Star member (spouse of a deceased service member) and Caucasian. He was ostracized by the Warrior Transition Battalion, who were preeminently Caucasian, and given tasks that were normally handled by lower enlisted. In the Army culture, these tasks are seen as punishment to demean a Service Member, even though he was not convicted of any crime. Based on the email correspondence between the applicant’s leadership and Senator R, the applicant feared that he would not have a fair trial; therefore, he opted to take a Chapter 10 discharge. In a personal appearance hearing conducted at Warner Robins, GA on 15 November 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: 23 December 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 22 June 2015, reflects the applicant was charged with violation of the UCMJ, Article 120. (2) Basis for Separation: The applicant was informed of the following reasons: Charge : Violation of the UCMJ, Article 120, Rape, sexual assault, and other sexual misconduct (with two specifications) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 24 November 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 26 November 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 24 January 2014 / Indefinite b. Age at Enlistment/Education/GT Score: 46 / Master’s Degree / 120 c. Highest Grade Achieved/MOS/Total Service: E-7 / 42A40, Human Resources Specialist / 16 years, 10 months, 19 days d. Prior Service/Characterizations: USAR, 25 January 1999 to 6 December 2003 / NIF AGR, 7 December 2003 to 28 February 2005 / HD USAR, 1 March 2005 to 13 January 2005 / NIF USAR, 14 January 2005 to 10 September 2011 / NA AGR, 11 September 2011 to 23 January 2014 / HD e. Overseas Service/Combat Service: SWA / Kuwait (5 February 2004 to 28 January 2005) f. Awards and Decorations: ARCOM-2, AAM, ARCAM-4, GWOTSM, GWOTEM, NDSM, NCOPDR-3, ASR, OSR, AFRMM g. Performance Ratings: 11 January 2014 thru 1 July 2014, Among The Best 2 July 2014 thru 1 July 2015, Marginal h. Disciplinary Action(s)/Evidentiary Record: CID report, dated 9 February 2015, reflects the applicant was the subject of an investigation for sexual assault. DD Form 458 (Charge Sheet), dated 22 June 2015, described at the preceding paragraph 3c(2). i. Lost Time: 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, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200, Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and a narrative reason change. 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 and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 10, AR 635-200 with a under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu Of Trial By Court-Martial," and the separation code is "KFS." 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. There is no provision for any other reason to be entered under this regulation. The applicant contends he opted to be discharged in lieu of a court-martial because he knew he would not receive a fair trial because of command influence. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. The applicant contends that he was harassed and discriminated by members of his chain of command, which sided with his accuser; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance. The applicant committed the misconduct which led to the separation action under review, before the alleged harassment and discrimination. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. 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 the following additional documents or contentions. b. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Warner Robins, GA on 15 November 2016, 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 AR20160003013 4