1. Applicant's Name: a. Application Date: 5 March 2016 b. Date Received: 11 March 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 general (under honorable conditions). The applicant seeks relief contending, in pertinent part and in effect, he served honorably for over 10 years with no major disciplinary actions and his discharge was based on a single incident. He had three reenlistments. He served several deployments with various units. He is currently incarcerated as a result of a sad incident. An upgrade would help restore his life back together. In a records review conducted at Arlington, VA on 2 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 / Under Other Than Honorable Conditions b. Date of Discharge: 28 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons-limited to the findings of the administrative separation board: In that he, in Texas, on 24 September 2010, intentionally and knowingly caused the female sexual organ of a child younger than 17 years of age, to contact his sexual organ, violation of Article 120, UCMJ, which was supported by a preponderance of evidence. In that he, in Texas, between 14 and 24 September 2010, violate a lawful general regulation, paragraph 2-1a(4), USAREC Regulation 600-25, dated 4 February 2009, by meeting with an (recruiting) applicant of the opposite gender without at least one qualifying person present at all time, in violation of Article 92, UCMJ, which was supported by a preponderance of evidence. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 23 March 2011 (5) Administrative Separation Board: 17 May 2011, Under Other Than Honorable Conditions (The board also made a non-binding recommendation to the Separation Authority that the discharge be suspended for a period of 12 months.) (6) Separation Decision Date / Characterization: 9 June 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 September 2009 / Indefinite b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 124 c. Highest Grade Achieved / MOS / Total Service: E-6 / 25U1P, 5W Signal Support Systems Specialist / 11 years, 10 months, 4 days d. Prior Service / Characterizations: RA (25 August 1999 to 17 October 2002) / HD RA (18 October 2002 to 20 September 2009) / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (28 February 2003 to 30 September 2003), (15 October 2005 to 27 September 2006), Afghanistan (13 August 2009 to 28 September 2009) f. Awards and Decorations: ARCOM-2; AAM-4; AGCM-3; NDSM; ACM-CS; ICM-2CS; GWOTEM; GWOTSM; NCOPDR; ASR; OSR-2; NATO ASM; AIR MDL; AFEM; CAB g. Performance Ratings: One NCOER rendered during period under current review: 1 March 2009 thru 28 February 2010, Among the Best h. Disciplinary Action(s) / Evidentiary Record: CID Report, dated 28 September 2010, and a civilian police report, dated 24 September 2010 (and their associated documents), indicate the applicant was the subject of an investigation for forced sodomy, wrongful appropriation of a government property, and aggravated sexual assault of adult by force. Summary of the Administrative Separation Board Proceedings with the board's findings and recommendations, and its associated documents, dated 17 May 2011. Report of Mental Status Evaluation, dated 14 October 2010, psychiatrically cleared the applicant for an administrative separation. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 5 March 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service and the issues submitted with his application were carefully reviewed. The record further confirms that 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 incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. 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. In consideration of the applicant's service accomplishments and quality of his service prior to these incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends the incident that caused his discharge was a single incident in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 2 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160005759 1