1. Applicant's Name: a. Application Date: 23 February 2016 b. Date Received: 26 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he has suffered enough for this country, cried and had sleepless nights because of what the military put him through. He only wants to go to school and be a star citizen. Per the Board Medical Officer, the applicant is accused of committing sexual assaults against a fellow soldier who was also his girlfriend, then wife, and then ex-wife. His pre-discharge Mental Status Exam judged him fit for duty, able to know right from wrong, and as meeting Army medical retention standards. AHTLA records showed diagnoses related to the relationship he had with his wife. Diagnoses in AHLTA included Marital Problem, Other Specified Family Circumstances, Partner Relational Problem. He does have a post-service diagnosis of PTSD on his VA problem list in the JLV, with the date of entry being 09 December 2015. The violations of the no contact order is not mitigated. In a records review conducted at Arlington, VA on 7 June 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions b. Date of Discharge: 5 November 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 16 September 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he committed sexual assault and abusive sexual contact, by engaging in unlawful sexual acts and sexual contact with SPC X, on diverse occasions between (April 2011 and December 2012). (3) Recommended Characterization: General (Under Honorable Conditions) recommended by the company and brigade commanders; the battalion commander recommended the applicant be retained in Service. (4) Legal Consultation Date: 17 September 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 October 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 November 2009 / 5 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / 35P10, Cryptologic Linguist; / 4 years, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany f. Awards and Decorations: AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation, dated 23 April 2013, revealed that the applicant was the subject of an investigation for abusive sexual contact, rape of adult by force (unfounded) and sexual assault (adult). Report of Mental Status Evaluation, dated 20 August 2013, relates that the applicant was screened for Post-Traumatic Stress Disorder and Traumatic Brain Injury. These conditions are either not present or, if present, did not meet AR 40-501 criteria for a medical evaluation board. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); battalion commander's recommendation memorandum; letter, Mission College; and eight character statements. 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 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 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 general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents 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 seeks relief contending, he has suffered enough for this country, cried and had sleepless nights because of what the military put him through. 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 applicant further contends, he only wants to go to school and be a star citizen. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. The third party statements provided with the application speak highly of the applicant. They all recognize his good conduct after leaving the Army; however, some of the persons providing the character reference statements were a position to fully understand or appreciate the expectations of the applicant's chain of command and some were not. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 7 June 2016, 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 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 AR20160005180 2