1. Applicant's Name: a. Application Date: 2 June 2017 b. Date Received: 5 June 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 desires an upgrade to further his education through the use of the Montgomery GI Bill, which will help him pay for schooling. He states, the things that caused him to be discharged are behind him now. The applicant, along with his wife and three children would greatly appreciate the Board's consideration and understanding of why the upgrade is so important. He states, he was wrongly discharged because everything that he did, he had told them in a sworn statement. He believes he was punished and harshly discharged so that he could not return to the military and finish his service time. He states, he served honorably and desires the discharge that he believes he deserves. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with PTSD, Depressive Disorder and Alcohol Dependence. However, due to the nature of the misconduct, none of the medical conditions mitigate the offenses of sodomy, indecent conduct, indecent exposure and making a false official statement. In a records review conducted at Arlington, VA on 12 October 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: 26 November 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 November 2008 (2) Basis for Separation: The applicant was informed of the following reasons: He violated barracks policy, committed Sodomy, committed an Indecent Conduct, made a False Official Statement, Over-consumed alcoholic beverages and committed Indecent Exposure. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 November 2008 (5) Administrative Separation Board: On 5 November 2008, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 12 November 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 October 2005 / NIF b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92F10, Petroleum Supply Specialist / 11 years, 5 months, 15 days d. Prior Service / Characterizations: ARNG, 12 June 1997 - 26 July 2000 / HD RA, 27 July 2000 - 26 March 2004 / HD Break in Service RA, 30 September 2004 - 20 October 2005 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (1 August 2005 - 7 June 2006) f. Awards and Decorations: ARCOM, AAM-3, AGCM, NDSM, GWOTSM, KDSM, ICM- 2CS, NCOPDR, ASR, OSR-3 g. Performance Ratings: May 2005 - April 2006 / Among The Best 1 May 2006 - 30 April 2007 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation - Initial Final, dated 14 July 2008, reflects an investigation determined SFC X, SSG X, SGT X, PVT X, and PVT X committed the offense of Indecent Acts, when they observed, for an extended period of time, the applicant and PFC H having consensual sexual intercourse and when PFC X performed consensual fellatio on SFC X, the applicant, PVT X and PVT X, while the others watched. The investigation determined SFC X, the applicant, PFC X, PVT X, and PVT X, committed the offense of making a False Official Statement, when they provided sworn statements stating they had no knowledge of the incident, which they knew to be false. FG Article 15, dated 26 March 2008, for violating a lawful general order by wrongfully over consuming alcoholic beverages to the extent that his blood alcohol content was above .10; and, for signing, with intent to deceive an official record, which record was false (22 January 2008). The punishment consisted of a reduction to E-4; forfeiture of $1,062 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 5 August 2008, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. FG Article 15, dated 23 September 2008, for signing a false official Sworn Statement, with intent to deceive (23 May 2008); violate a lawful written order, by wrongfully being with a member of the opposite sex in a barracks room (18 May 2008); intentionally exposed his penis in an indecent manner while in a room with several people (18 May 2008); committed sodomy with PFC X (18 May 2008); and, wrongfully committed an indecent conduct, to wit: engaging in sexual intercourse with PFC X, while in the presence of SFC X, SGT X, PVT X, and PVT X (18 May 2008). The punishment consisted of a reduction to E-1; forfeiture of $673 pay per month for two months; and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 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 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 he was wrongly discharged. 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 a combat tour. 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 applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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 12 October 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 AR20170009901 1