1. Applicant's Name: a. Application Date: 3 July 2017 b. Date Received: 12 July 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, the original discharge characterization was inadequate. The applicant served 11 years, 6 months without any misconduct or adverse action. The relationship with M.N.M. had no impact on the unit's mission or credibility of the Army. The applicant desires to reenter the military. In a records review conducted at Arlington, VA on 6 March 2019, 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions b. Date of Discharge: 29 April 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 27 January 2016 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he, a married man, wrongfully had sexual intercourse with M.N.M., a woman not his wife, between 1 April 2015 and 16 October 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 February 2016 and 22 March 2016 (5) Administrative Separation Board: On 1 February 2016, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board contingent upon receiving an Honorable characterization of service. On 18 February 2016, the separation approving authority disapproved the applicant's conditional waiver request waiving consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than an Honorable. On 22 March 2016, the applicant again consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board. He understood that his commander was recommending that his service be characterized as General (Under Honorable Conditions). (6) Separation Decision Date / Characterization: 25 March 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 October 2014 / 2 years b. Age at Enlistment / Education / GT Score: 28 years / GED Certificate / 107 c. Highest Grade Achieved / MOS / Total Service: E-6 / 13F2E, Fire Support Specialist / 11 years, 5 months, 20 days d. Prior Service / Characterizations: RA, 10 November 2004 to 18 May 2006 / HD RA, 19 May 2006 to 11 January 2010 / HD RA, 12 January 2010 to 30 October 2014 / HD e. Overseas Service / Combat Service: Alaska / SWA / Iraq x2, 10 August 2005 to 22 July 2006 and 25 August 2007 to 9 November 2008 / Afghanistan, 30 January 2010 to 30 January 2011 f. Awards and Decorations: ARCOM-3, AAM-3, AGCM-3, NDSM, ICM-4 CS, ACM-CS, GWOTSM, NOPDR-2, ASR, OSR-4, NATO MDL, CAB, JMUA, MUC g. Performance Ratings: 1 October 2014 to 30 September 2015, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 11 December 2015, for, as a married man, wrongfully have sexual intercourse with M.N.M., a woman not his wife, being prejudicial to good order and discipline in the armed forces between (1 April 2015 and 16 October 2015); reduction to SGT / E-5, forfeiture of $1,533 pay (suspended), extra duty for 45 days and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 16 December 2015, shows that the applicant was screened for PTSD and mTBI, both screens were negative. The applicant met psychiatric retention standards of AR 40-501, and was therefore eligible for administrative separation in accordance with AR 635-200 from a behavioral health perspective. There were no indications of behavioral health issue that constituted an extenuating circumstances for the misconduct. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues submitted with his application were carefully reviewed. The applicant seeks relief contending his original discharge characterization was inadequate. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. The applicant further contends he served 11 years, 6 months without any misconduct or adverse action. The service record indicates the applicant committed discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant also contends, his relationship with M.N.M. had no impact on the unit's mission or credibility of the Army. The AR 15-6 Investigation Officer recommended clear, practical, scenario-based training on the implications and consequence of having sexual relations with someone other than your wife while still being married. The training should emphasize the impact of these actions to the family members, the Soldier's career, the team and the Army. The applicant desires to reenter the military. Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. Based on Army Regulation 635-5- 1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 6 March 2019, 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 AR20170010991 1