1. Applicant's Name: a. Application Date: 11 April 2017 b. Date Received: 2 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to general (under honorable) conditions. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to obtain better employment and receive the medical and mental health care needed from the Department of Veterans Affairs. In a records review conducted at Arlington, VA on 8 August 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 / Under Other Than Honorable Conditions b. Date of Discharge: 7 May 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 February 2010 (2) Basis for Separation: The applicant was informed of the following reason: for being arrested by Lawton Oklahoma Police for rape and sodomy of a child under 16 years of age (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 16 February 2010, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service or description of separation no less favorable than general (under honorable conditions). (5) Administrative Separation Board: On 16 March 2010, the applicant's separation packet was referred to the Fort Benning Standing Administrative Separation Board. On 14 April 2010, the applicant appeared before the board with his counsel. The board having carefully considered the evidence before it found that the allegation of rape of a child under the age of 16 was supported by a preponderance of the evidence and that the allegation of sodomy of a child under the age of 16 was supported by a preponderance of the evidence. It was determined that the findings did warrant separation with respect to commission of a serious offense under the provision of AR 635-200, Chapter 14, and Section III. In view of the finding, the board recommended that the applicant be separated from the United States Army with an under other than honorable conditions characterization of service. (6) Separation Decision Date / Characterization: 27 April 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 October 2006 / Indefinite b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-6 / 13F30, Fire Support Specialist / 13 years, 22 days d. Prior Service / Characterizations: RA, 14 December 1996 to 4 February 1999 / HD RA, 5 February 1999 to 29 May 2002 / HD RA, 30 May 2002 to 4 October 2006 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (22 March 2003 to 15 July 2003 and 9 May 2006 to 12 April 2007) f. Awards and Decorations: ARCOM-5, AAM-3, AGCM-4, GWOTEM, GWOTSM, ASR, OSR-2 g. Performance Ratings: 1 March 2006 to 28 February 2007, Among The Best h. Disciplinary Action(s) / Evidentiary Record: CID Report that shows the applicant was the subject of investigation for having sex with a child under 16 years of age. Report of Mental Status Evaluation, dated 23 January 2010, shows the applicant was screened for TBI and PTSD. It was noted that the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. He met the retention requirements of Chapter 3, AR 40-501 and was psychiatrically cleared for any administrative (or judicial) action deemed appropriated by his command. i. Lost Time / Mode of Return: Confinement by civilian authorities 125 days (8 October 2009 to 9 February 2010) / released. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 under other than honorable conditions discharge to general (under honorable) conditions. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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 seeks relief contending that he would like an upgrade of his discharge for the purpose of being able to obtain better employment and receive the medical and mental health care that he need from the Department of Veterans Affairs. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Also, 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 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 8 August 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 AR20170007681 1