1. Applicant's Name: a. Application Date: 15 August 2016 b. Date Received: 17 August 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 was accused of sexual assault and during the investigation he was ridiculed and labeled. He was denied proper due diligence by the investigating agent, the trial counsel assigned to this investigation and his chain of command. He was under the care of an orthopedic doctor, who deemed it necessary for him to enter the medical evaluation board process; and he had gone through more than half of the MEB process, he was formally counseled and Chapter 14 proceedings were initiated to separate him. His discharge has made him unemployable since he was separated. In a records review conducted at Arlington, VA on 1 November 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 December 2015 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 10 November 2015 / General (Under Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 October 2012 / 6 years b. Age at Enlistment / Education / GT Score: 26 years / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-6 / 31B30, Military Police / 11 years, 5 months, 12 days d. Prior Service / Characterizations: RA, 7 July 2004-11 October 2012 / HD / the immediate reenlistment periods are not contained in the available record. e. Overseas Service / Combat Service: Korea / Hawaii / SWA / Iraq x2, 26 August 2009 to 5 August 2010 and 14 February 2007 to 14 April 2008 f. Awards and Decorations: BSM, PH, ARCOM-2, AAM-2, AGCM-3NDSM, ICM-2CS, GWOTSM, KDSM, MOVSM, NOPDR-3, ASR, OSR-4, CAB g. Performance Ratings: 20 June 2013 to 19 July 2014, Among The Best 20 July 2014 to 22 May 2015, Marginal h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 22 October 2013, for willfully and wrongfully damage, by striking with his casted arm, the windshield, rear passenger window, and rear passenger door of a 2006 Pontiac G6, of a value of about $558, the property of PV2 K.R.B. (21 August 2013); and willfully and wrongfully damage, by striking with his casted arm, the windshield of a 2003 Jeep Rubicon, of a value of about $223, the property of SPC J.H. (21 August 2013); he received an oral reprimand. FG Article 15, dated 13 May 2015, for maltreatment of PFC J.C.A. and PFC M.B.H., persons subject to his orders, striking them with a bag of dried meat (4 December 2014); reduction to SGT / E-5, forfeiture of $ 1,553 pay for two months (suspended), extra duty for 45 days and an oral reprimand. Military Police Report, dated 22 August 2013, indicates the applicant was under investigation for wrongful damaging private property, on post. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement (two pages); two letters to the Board; letter of recommendation (five); Enlisted Record Brief; OMPF documents (nine pages); character / support statements (48); Service School Academic Evaluation reports (two); NCOERs (seven); promotion certificate; PH certificate; BSM certificate; ARCOM certificate; AAM certificates (two); AGCM orders 265-001, 099-009 and 003-01; CAB orders 119-029; certificate of appreciation; record of volunteer hours memorandum; recommendation for award; volunteer daily time record; certificate of achievement (seven); 4th Infantry Brigade Combat Team certificate; Warrior Leader Course diploma; letter, from the desk of the commander; letter brigade CSM; Emerald congratulations letter; Presidential Life Style Award; Military Police Basic Noncommissioned Officer Course certificate; certificate of training (four); mine resistant ambush protected certificate; US Marine Corps, certificate of contamination; Law Enforcement Academy certificate; US Army, Law Enforcement Certification; Central Texas College, Associate's Degree certificate; American Military University, Bachelor's Degree certificate; photocopy of numerous coins; copy of photos (26 pages); and a DD Form 214 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in in a document with this application he continued his education at Fortis Institute in the Medical Assisting program. He done exceptionally well by earning an award for being on the Dean's list. He also joined the Ambassadors Club to continue volunteering and helping the less fortunate. The Ambassadors Club does many community outreach programs from blood drives, school supply drives, Ronald McDonald House donations and feeding the homeless. Since his discharge he has not given up in the face of adversity, nor have he given up on life; he has continued to preserve, learn, and be a productive member of society. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12b, by reason of pattern of misconduct, with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions were carefully considered regarding that, he was accused of sexual assault and during the investigation he was ridiculed and labeled; he was denied proper due diligence by the investigating agent, the trial counsel assigned to this investigation and his chain of command; he was under the care of an orthopedic doctor, who deemed it necessary for him to enter the medical evaluation board process; and he gone through more than half of the MEB process, he was formally counseled and initiated for separation under Chapter 14. However, a determination as to the merit of these contentions cannot be substantiated because the complete facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, his discharge has made him unemployable since he was separated. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The third party statements provided with the application speak highly of the applicant's performance. However, the persons providing the character reference / support statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant's post-service accomplishments have been noted as outlined in the documents with the application. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 1 November 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 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 AR20160015114 3