1. Applicant's Name: a. Application Date: 18 January 2017 b. Date Received: 23 January 2017 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 served honorably for 14 years and three months and served on seven combat deployments. He was lead motivator in every NCOES school that he attended. He only made one mistake while deployed, which was the only one in 14 years. His punishment was too harsh. In a records review conducted at Arlington, VA on 16 May 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 14 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 November 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On 10 May 2013, he was found guilty by a General court-martial of the following: Between on or about 1 June 2011 and 31 July 2011, wrongfully have a relationship with a Private First Class (E-3), that compromised the integrity of his supervisory authority; On or about 2 January 2012, make a false official statement to Special Agent R.P.M; On or about 2 December 2011, wrongfully have sexual intercourse with a married woman not his wife; and, Between on or about 3 December 2011 and on or about 1 June 2012, make a false official statement to CSM L and LTC B. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 September 2013 (5) Administrative Separation Board: On 4 April 2014, the administrative separation board convened and recommended the applicant's discharge with a characterization of service of general (under honorable conditions). (6) Separation Decision Date / Characterization: 1 May 2014 / General (Under Honorable Conditions) The General Court Martial Convening Authority reviewed the Chapter 14-12c, commission of a serious offense and the findings of the Physical Evaluation Board and found that the applicant's medical condition was not the direct or substantial contributing cause of the misconduct that lead to the recommendation of the administrative separation. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 October 2009 / Indefinite b. Age at Enlistment / Education / GT Score: 29 / Some College / 116 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92F14, Petroleum Supply Specialist / 14 years, 10 months, 23 days d. Prior Service / Characterizations: RA, 22 June 1999 - 13 February 2002 / HD RA, 14 February 2002 - 15 November 2006 / HD RA, 16 November 2006 - 23 October 2009 / HD e. Overseas Service / Combat Service: Germany, Kosovo, Macedonia, Suriname, SWA / Afghanistan (30 September 2011 - 19 September 2012); Iraq (14 February 2004 - 3 March 2005) (19 October 2005 - 10 October 2006) f. Awards and Decorations: ACM-2CS, ARCOM-2, AAM-4, AGCM-4, NDSAM, GWOTEM, GWOTSM, ICM-CS, NCOPDR-3, ASR, OSR-6, KCM-BSS, NATOMDL, CAB g. Performance Ratings: 2 November 2009 - 17 June 2010 / Fully Capable 18 June 2010 - 17 June 20111 / Among The Best 18 June 2011 - 15 December 2011 / Fully Capable 16 December 2011 - 15 December 2012 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: As announced by General Court-Martial Order Number 7, dated 28 July 2014, the applicant was found guilty of the following on 10 May 2013: Charge I: Article 92, UCMJ, for: between on or about 1 July 2011 and on or about 31 July 2011, violate a lawful general regulation to wit: Army Regulation 600-20, paragraph 4-14.b., dated 18 March 2008, by wrongfully having a relationship with Private First Class (E-3) B.S.R., a Soldier of a different rank, that compromised the integrity of supervisory authority. Plea: Not Guilty. Finding: Guilty, except the word, "July", following the figure "1 ", substituting therefor the word, "June". As to the excepted word: Not Guilty; to the substituted word: Guilty. Charge II: Article 93, UCMJ: In Afghanistan, on or about 2 December 2011, did maltreat Private First Class (E-3) B.S,R., a person subject to his orders, by using his military position to force the said Private First Class (E-3) B.S.R. to engage in sexual relations with her. Plea: Not Guilty. Finding: Not Guilty. Charge III: Article 107, UCMJ: In Afghanistan, on or about 2 January 2012, with intent to deceive, make to Special Agent R.P.M., an official statement, to wit: "I did not engage in sexual activity with Private First Class (E-3) B.S.R.," or words to that effect, which statement was totally false, and was then known by the applicant to be so false. Plea: Guilty. Finding: Guilty. Charge IV: Article 120, UCMJ: In Afghanistan, on or about 2 December 2011, cause Private First Class (E-3) B.S.R. to engage in a sexual act, to wit: penetrating her vagina with his penis, by abuse of military position. Plea: Not Guilty. Finding: Not Guilty. Charge V: Article 134, UCMJ: A married man, did, in Afghanistan, on or about 2 December 2011, wrongfully have sexual intercourse with Private First Class (E-3) B.S.R., a married woman not his wife, which conduct, under the circumstances, was prejudicial to good order and discipline in the armed forces. Plea: Guilty. Finding: Guilty. The sentence was adjudged on 10 May 2013: To be reduced to grade of E-4 and restriction for 30 days to the limits of unit area, place of worship and dining facility. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and copies of his military awards and certificates. 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 have been retained on Active Duty. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends his punishment was too harsh. 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 applicant contends that he had good service which included several combat tours. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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 16 May 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 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 AR20170001223 1