1. Applicant's Name: a. Application Date: 1 June 2016 b. Date Received: 3 June 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 effect, that although he received an under other than honorable conditions discharge the majority of his career was characterized by exemplary service and he received numerous achievements and good conduct medals. He acknowledges making mistakes at the end of his career but he would hate for that mistake to affect him for the rest of his life. He contends he was under a lot of pressure at the time of discharge due to being separated from his family, stressed from his family uncertainty about his pending deployment and his wife's miscarriage. In a records review conducted at Arlington, VA on 9 August 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-3 / Under Other Than Honorable Conditions b. Date of Discharge: 23 October 2001 c. Separation Facts: (1) Date Charges Were Preferred: 20 June 2001 (2) Basis for Separation: The evidence of record contains a DD Form 458 (Charge Sheet) which indicated on 20 June 2001, the applicant was charged with committing an indecent assault upon PV2 X., a person not his wife by removing her sweatpants, rubbing his penis against her buttocks, rubbing his hand on her stomach and attempting to remove her underwear, with intent to gratify his sexual desires on 24 April 2001 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 21 August 2001 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 October 2001 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 December 1999 / 2 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13B10, Cannon Crewmember / 5 years / 2 months / 2 days d. Prior Service / Characterizations: RA, 22 August 1996 to 17 December 1998 / HD RA, 18 December 1998 to 20 December 1999 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM-3, AGCM, NDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CID Report / Military Police Report, dated 24 April 2001, which show the applicant was the subject of investigation for indecent assault. Article 32 Investigation, dated 28 June 2001. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. 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. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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, 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 meet 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. The applicant seeks relief contending, that although he received the under other than honorable conditions discharge the majority of his career was characterized by exemplary service and he received numerous achievements and good conduct medals. He acknowledges making mistakes at the end of his career but he would hate for that mistake to affect him for the rest of his life. The applicant's contentions were noted which reveal in his record documents of several acts of significant achievement and valor which the applicant is to be commended for; however, it appears his record did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. Furthermore, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. 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 applicant further contends he was under a lot of pressure at the time of discharge due to being separated from his family, stressed from his family uncertainty about his pending deployment and his wife's miscarriage. While the applicant may believe his stress at home and his wife's miscarriage was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his issues through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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 records review conducted at Arlington, VA on 9 August 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 AR20160010768 1