1. Applicant's Name: a. Application Date: 16 September 2016 b. Date Received: 16 September 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 honorable. The applicant seeks relief contending, in effect, he was falsely accused of sexual assault. The applicant contends that he requested to withdraw his Chapter 10 request; however, he was told that his request was denied by the approving authority. The applicant contends that the rape kits were tested and it was determined that the DNA belonged to someone else. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from January 2010 thru March 2015. Clinical notes reviewed from May 2012 and April 2015. Radiology reports reviewed from January 2010 thru May 2012 (negative chest x-rays for positive quantitative testing for tuberculosis March 2012). Laboratory results reviewed from January 2010 to January 2015. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 16 problems (no VA listed problems). The Veterans Affairs has not service-connected the applicant. In a personal appearance hearing conducted at San Antonio, TX on 23 March 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: In Lieu of Trial by Court-Martial / AR 635- 200 / Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 3 April 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 11 March 2015, reflects the applicant was charged with violation of the UCMJ, Articles 120, 128, and 134. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 120, Rape, Sexual Assault, and other Sexual Misconduct (with four specifications) Charge II: Violation of the UCMJ, Article 128, Assault Charge III: Violation of the UCMJ, Article 134, Adultery (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 12 March 2015 (5) Separation Decision Date/Characterization: 26 March 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 15 November 2013 / 6 years b. Age at Enlistment/Education/GT Score: 34 / Baccalaureate Degree / 94 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92F10, Petroleum Supply Specialist / 5 years, 2 months, 14 days d. Prior Service/Characterizations: RA, 24 September 2009 to 16 September 2012 / HD RA, 17 September 2012 to 14 November 2013 / HD e. Overseas Service/Combat Service: Korea, SWA / Afghanistan (20 May 2011 to 7 May 2012) f. Awards and Decorations: ACM-2CS, AAM, AGCM, NDSM, GWOTSM, KDSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: DD Form 458, 11 March 2015, described at the preceding paragraph 3c(2). i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 293; DD Form 214; Discharge Orders 007- 001; Investigation Report; Email correspondence; USA Court of Criminal Appeals Memo, dated 6 July 2015, Subject: Expungement of DNA Collection; U.S. Department of Justice FBI letter, dated 23 July 2015, Re: FBI Federal DNA Database; and USA Criminal Investigation Laboratory Memo, dated 24 January 2016, Subject: Expungement. 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. 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 met 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. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends that he requested to withdraw his Chapter 10 request; however, he was told that his request was denied by approving authority. Further contending that the rape kits were tested and it was determined that the DNA belonged to someone else. 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. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. b. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at San Antonio, TX on 23 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 SPD / RE Code to: No Change e. 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 AR20160015398 3