1. Applicant's Name: a. Application Date: 2 March 2017 b. Date Received: 9 March 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, that he is prohibited from using his educations benefits nor can he buy his time back for federal employment with his current discharge. He contends he does not believe he was fairly treated during his separation. He was not provided adequate legal counsel. He was forced to sign the OSB without his required 30 days. He was given Article 15 paperwork to sign, then after signing it, he was presented with the GOMOR which contained verbiage much more prejudicial to his case than the Article 15, but since he had already signed the Article 15 he was committed. This was obviously done on purpose to increase the likelihood of more severe punishment. In a records review conducted at Arlington, VA on 26 September 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2b and 4-24a (1) /BNC / NA / General (Under Honorable Condition) b. Date of Discharge: 22 September 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 December 2015 (2) Basis for Separation: The applicant was required to show cause for retention on Active Duty under the provisions of AR 600-8-24, paragraphs 4-2b(4), 4-2b(5), 4-2b(8), and 4-2c(1), and 4-2c(5), for misconduct and derogatory information. This action was based upon the following specific reasons for elimination; On or about 28 December 2014 he disobeyed a lawful general order, by engaging in an inappropriate relationship with a noncommissioned officer; targeted a noncommissioned officer for his sexual advances; and violated a lawful curfew order. This misconduct was unbecoming of an officer and resulted in him receiving non-judicial punishment on 26 October 2015, and a non-punitive General Officer Memorandum of Reprimand filed in his Official Military Personnel File. His actions were also prejudicial to good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. (3) Legal Consultation Date: 6 January 2016, the applicant voluntarily elected to submit a request for discharge in lieu of elimination. He submitted the discharge request with supporting matters. (4) GCMCA Recommendation Date: 11 January 2016 / General (Under Honorable Conditions) (5) DA Ad Hoc Review Board: The Department of the Army Ad Hoc Review Board considered the applicant's request for resignation in lieu of elimination in accordance with AR 600-8-24, Chapter 4. (6) Separation Decision Date / Characterization: 6 September 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 January 2009 / NIF b. Age at Appointment / Education: 29 / BA c. Highest Grade Achieved / MOS / Total Service: O-3 / 90A Logistics, 92A Quarter Master / 8 years, 1 month, 29 days d. Prior Service / Characterizations: RA, 24 July 2008 to 28 January 2009 / HD Appointed Regular Army 2LT on 29 January 2009 e. Overseas Service / Combat Service: SWA, Korea / Afghanistan (19 March 2010 to 9 March 2011 and 13 August 2012 to 4 May 2013) f. Awards and Decorations: ARCOM-3, AAM, VUA, NDSM, GWOTSM, KDSM, ASR, OSR-3, ACM-2CS, NATOMDL g. Performance Ratings: 20 January 2012 to 11 December 2013 (three reports) / Best Qualified 12 December 2013 to 20 June 2015 / Qualified 21 June 2015 to 13 January 2016 / Qualified 14 January 2016 to 1 July 2016 / Highly Qualify h. Disciplinary Action(s) / Evidentiary Record: CID Report dated 28 December 2014, showing the applicant was the subject of investigation for sexual assault. AR 15-6 Investigation findings and recommendations, dated 21 January 2015. GO Article 15, dated 26 October 2015, for failing to obey a lawful general regulation, to wit: paragraph 4-14c(2), Army Regulation 600-20, dated 6 November 2014, by wrongfully engaging in sexual acts with SSG K.A.P., a noncommissioned officer on 28 December 2014; failing to obey a lawful general regulation, to wit: paragraph 4-14b, Army Regulation 600-20, dated 6 November 2014, by wrongfully engaging in an inappropriate relationship with SSG K.A.P, a noncommissioned officer, by drinking with her in a social setting, an interaction of undue familiarity which created an actual or clearly predictable impact on discipline on 27 December 2014; disobeying a lawful order from a commissioned officer, to wit: paragraph 3a of Command Policy Letter #2 Supplementary Curfew Policy-Specific Guidance, by failing to obey by wrongfully being off the installation where his primary residence was located, during the hours of USFK Curfew, without authorization on 28 December 2014; and knowingly fraternized with SSG K.A.P., an enlisted person, on terms of military equality, to wit: purchasing alcoholic beverage for her, in violation of the custom of the United States Army that officers shall not fraternize with enlisted personnel on terms of military equality, such conduct being to the prejudicial of good order and discipline in the armed forces on 27 December 2014. The punishment consisted of forfeiture of $2,734 pay per month for two months, restriction, and a written reprimand. General Officer Memorandum of Reprimand, dated 2 November 2015, showing the applicant was reprimanded for fraternizing and engaging in sexual acts with a female noncommissioned officer, and for violating a lawful order by being off post with this female during curfew hours. General Officer Memorandum of Reprimand, dated 2 December 2015, showing the applicant was reprimanded for fraternizing and have sexual relations with a noncommissioned officer, for violating Army Regulations, and for conduct unbecoming an officer and gentleman. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 December 2015, shows the applicant was diagnosed with an Axis I for depressive disorder, single episode, moderate. It was noted that the applicant was cleared for administrative separation form the military from behavioral health perspective. Behavioral health treatment should not delay administrative separation proceedings but could occur simultaneously. Current behavioral health symptoms are the result of the extensive legal proceedings and associated stressors; behavioral health symptoms were not the cause of the patient's actions that led to the legal proceedings and investigation in the first place. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "BNC" as the appropriate code to assign commissioned officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct; and, 4-24a (1), resignation in lieu of elimination. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant seeks relief contending he does not believe he was fairly treated during his separation. He was not provide adequate legal counsel. He was forced to sign the OSB without his required 30 days. He was given Article 15 paperwork to sign, then after signing it, he was presented with the GOMOR which contained verbiage much more prejudicial to his case than the Article 15, but since he had already signed the Article 15 he was committed. This was obviously done on purpose to increase the likelihood of more severe punishment. 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 unfairly treated during his separation process. The applicant also contends that he is prohibited from using his educations benefits nor can he buy his time back for federal employment with his current discharge. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Furthermore, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 26 September 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 AR20170004179 1