1. Applicant's Name: a. Application Date: 10 May 2016 b. Date Received: 17 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 believes that the reason of his discharge is unjust. In his case, the punishment did not fit the crime. He did speak unprofessional and he paid the price for his misconduct, but the punishment was not just. An honorable discharge would help him to attend school and to have better employment. In a records review conducted at Arlington, VA on 27 July 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 September 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On 26 June 2013, he failed to obey a lawful general regulation; On 26 June 2013, he was cruel toward SPC W; and, On 26 June 2013, he was cruel toward SGT C. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 September 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 December 2009 / NIF b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-5, 11B10, Infantryman / 5 years, 2 months, 17 days d. Prior Service / Characterizations: RA, 30 July 2008 - 30 December 2009 / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (3 June 2009 - 30 May 2010, 15 July 2011 - 15 July 2012) f. Awards and Decorations: ACM-3CS, ARCOM-2, AAM-3, MUC, CUA-2, AGCM, NDSM, GWOTSM, NCOPDR, ASR, OSR-3, NATOMDL, CIB g. Performance Ratings: 15 April 2013 - 17 July 2013 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Commander's Inquiry concerning allegations of racist comments made towards SPC X, dated 11 July 2013, found that the applicant did make several racist slurs directed toward SPC X, on 26 June 2013. Findings and Recommendations for SHARP Investigation, date 15 July 2013, found that the applicant did sexually harass CDT X. FG Article 15, dated 19 July 2013, for wrongfully making in appropriate analogies of a sexual nature (20 September 2012); and, for being cruel through his words towards SPC X and SGT X on 26 June 2013. The punishment consisted of a reduction to E-4; forfeiture of $1,152 pay per; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 19 July 2013, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 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 be retained on active duty. The applicant contends the discharge was unjust because his punishment did not fit the crime. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated. In fact, the applicant's Article 15 and two substantiated investigations against him for sexual harassment and for racial slurs, justify a serious offense. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 27 July 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 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 AR20160009760 1