1. Applicant's Name: a. Application Date: 17 April 2016 b. Date Received: 9 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he was sexually targeted by his NCO and his life as a Soldier became a living hell after he declined his attempts. When he arrived to his unit, he was married and his wife would soon enter the Army. The applicant was in an apartment he could not afford. After his wife entered the Army, his housing allowance was stopped. The applicant took out a loan to pay his rent and his car note, both of which he was forced to get the first day. The applicant informed his NCO that he was not being paid or paid enough to make his payments, but his NCO's response, while making sexual gestures, was to ask the applicant what he was willing to do to get them paid. After the applicant informed him that he was not gay, his NCO left him to figure out how to resolve his own problems. His NCO purposely would not inform him of events or where he needed to be and, as a result, the applicant began arriving late to formations and other events. The applicant's credit was ruined because he was unable to pay the loans or pay his landlord for his lease. His landlord told him to stay in the apartment until his lease was up. The applicant filed an Equal Opportunity (EO) complaint against his NCO, hoping that he would be transferred to another unit or least have a new NCO; however, this did not happen and the applicant had to go through his commander to get help, which was unsuccessful. The applicant later received an Article 15 for being late to events he was told of at the last minute and when he was hit over the head, which knocked him unconscious. The applicant is still in debt because of his unit's poor decisions over his life. He tried unsuccessfully, to move to where his wife was stationed, but his NCO would not assist him. Per the board's medical officer, case file, AHLTA and JLV were reviewed. AHLTA notes indicate that applicant was diagnosed with Concussion w/o LOC after cargo fell on his head while he was loading a Humvee. He was not wearing PPE at the time. CT scan of head was normal. Applicant was seen shortly after concussion by Behavioral Health (BH) (30 July 13)-he denied anxiety, depression, insomnia, emotional lability, decreased functioning at this time. Saw BH again in Aug 2013 after screening positive for depression on his Respect Mil screen. Never engaged in treatment. Final BH appointment was for separation Mental Status Evaluation on 26 March 2014. He denied all symptoms at this time and received a diagnosis of "No Psychiatric diagnosis". In none of his BH contacts did he mention having difficulties with a specific NCO. Review of VA records indicates he has made no contact with VA. Based on available information, there is no mitigating BH diagnosis. In a record review hearing conducted at Arlington, VA on 19 January 2018, 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 April 2014 (2) Basis for Separation: The applicant was informed of the following reasons: disrespect towards an NCO (10 October 2013); and, failed to report to his appointed place of duty on multiple occasions (18, 19, 21, 25 November 2013; 27, 28, 30, 31 January 2014; and, 4, 5, 7 and 12 February 2014). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 April 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 April 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 October 2012 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92G10, Food Service Specialist / 1 year, 6 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Numerous Developmental Counseling Forms for failing to report to his appointed place of duty at the time prescribed; failing to pay a debt; failing to follow instructions; and, disrespect towards a noncommissioned officer. CG Article 15, dated 15 October 2013, for failing to go at the time prescribed to his appointed place of duty on multiple occasions (18, 19 and 21 July 2013). The punishment consisted of a reduction to E-1 (suspended), forfeiture of $353.00 pay (suspended), extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 26 March 2014, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 17 April 2014; From "AWOL" to "PDY," effective 21 April 2014; From "PDY" to "AWOL," effective 25 April 2014; and, From "AWOL" to "PDY," effective 21 April 2014. i. Lost Time / Mode of Return: 4 days (AWOL, 17 to 20 April 2014 and 25 to 27 April 2014) / unknown 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. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record 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. 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 after he denied the sexual advances of his NCO, his NCO began treating him unfairly and would not assist him in resolving his pay problems. The applicant 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 before committing the misconduct which led to the separation action under review. 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 applicant contends that instead of receiving help, his command punished him and he is still in debt because of his unit's poor decisions over his life. He tried unsuccessfully, to move to where his wife was stationed, but his NCO would not assist him. 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 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 record review hearing conducted at Arlington, VA on 19 January 2018, 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 AR20160009229 3