1. Applicant's Name: a. Application Date: 7 March 2013 b. Date Received: 13 March 2013 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, his discharge was in retaliation for filing complaints regarding his unit and incidents in the unit. His weapon was taken from him due to command referral for mental health evaluation; this happened at the time his he filed a complaint about problems in his unit with hazing and MST. His complaint were accurate and necessary. His command over reacted and instead of solving the issues, they chose to silence the NCO who was concerned about certain actions and treatment of Soldiers. He was wrongfully charged with bigamy and communicating threats. He was transported to Fort Leavenworth without a trail and was told and the only way out he had to sign Chapter 10 discharge. Prior to 2012, he reenlisted twice and received multiple awards. In a records review conducted at Arlington, VA on 20 June 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: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 22 March 2013 c. Separation Facts: Yes (1) Date Charges Were Preferred: 30 January 2013 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 31 January 2013, the applicant was charged with wrongfully and bigamously marry L.S.H., having at the time of his said marriage to L.S.H., a lawful wife then living, R.H.W., which conduct was to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces (2 December 2011); wrongfully communicate to SPC C.C., a threat to kill his wife, ''If I see my wife I will kill her and the person she is having the affair with" or words to that effect, which conduct was to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces (1 December 2012); and wrongfully communicate to Dr. L.B., a threat to injure members of his chain of command, "I will go after COL L. and LTC C. upon their return from deployment'' and ''I will go after their families, I know who they are, I know where they live" or words to that effect, which conduct was to the prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces (28 January 2013). (3) Recommended Characterization: The applicant's chain of command recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: On 6 March 2013, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 March 2013 / Under Other Than Honorable Conditions / the applicant was reduced to the lowest enlisted grade. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 February 2010 / 3 years / 14 months extension / 31 March 2010 b. Age at Enlistment / Education / GT Score: 34 years / one year of college / 109 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y10, Unit Supply Specialist / 11B10, Infantryman / 19 years, 7 months, 1 day d. Prior Service / Characterizations: USAR, 30 June 1993 to 19 June 1994 / NA USMC, 20 June 1994 to 19 December 1998 / HD USMCR, 20 December 1998 / 15 August 1999 / NA ARNG, 16 August 1999 to 15 August 2000 / HD USARCG, 16 August 2000 to 4 July 2001 / NA ARNG, 5 July 2001 to 30 June 2002 / HD USARCG, 1 July 2002 to 16 January 2005 / NA RA, 27 January 2005 to 20 December 2005 / HD RA, 21 December 2005 to 9 February 2010 / HD e. Overseas Service / Combat Service: Japan / Korea / Germany / SWA / Saudi Arabia, 18 February 1997 to 7 May 1998 / Iraq, 12 October 2005 to 12 October 2006 / Afghanistan, 16 September 2012 to 1 December 2012 f. Awards and Decorations: AAM-4, AGCM-2, NDSM, AFGEM, ACM-CS, GWOTSM, NOPDR, ASR, OSR-4, NATO MDL, MCGCM, NFMFR, SSDR g. Performance Ratings: 1 June 2010 to 6 September 2011, Fully Capable 10 December 2011 to 26 October 2012, Marginal h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 26 October 2012, relates that the applicant was under investigation for negligent discharge of a weapon, on post. FG Article 15, dated 9 November 2012, for through negligence, discharge a M4 in the clearing barrel of Bagram Airfield (BAF) Fixed Wing PAX Terminal, such conduct being prejudicial to good order and discipline and of a nature as to bring discredit upon the Armed Forces (26 October 2012); reduction to SPC / E-4, forfeiture of $1,181 pay for two months (suspended). The applicant received two negative counseling statements for negligent weapon discharge and debt obligations. i. Lost Time / Mode of Return: Civilian confinement for 46 days, 29 January 2013 until 15 March 2013. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages) and an issues continuation page. 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 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 the characterization of service from under other than honorable conditions 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 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 several acts of significant achievement and valor; however, it did not support the issuance of an honorable or a general discharge by the separation authority at the time of separation. The applicant seeks relief contending, his discharge was in retaliation for filing complaints regarding his unit and incidents in the unit. The record shows that the applicant was charged with violation of several Articles of the UCMJ, which would have resulted in a trial by court martial, if the applicant had not requested discharge under provisions Chapter 10, in lieu of trial by court-martial. The applicant further contends, his weapon was taken from him due to command referral for mental health evaluation; this happened at the time his he filed a complaint about problems in his unit with hazing and MST. The record of evidence shows that the unit commander received an anonymous email from Germany indicating that he applicant was homicidal. The unit commander requested a mental health evaluation for the applicant. The applicant also contends, his command over reacted and instead of solving the issues, they chose to silence the NCO who was concerned about certain actions and treatment of Soldiers; and he was transported to Fort Leavenworth without a trail and was told and the only way out he had to sign Chapter 10 discharge. 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 applicant additionally contends, he was wrongfully charged with bigamy and communicating threats. 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 contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant reenlisted twice prior to 2012 and received multiple awards. 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 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 20 June 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 AR20170004157 5