Applicant's Name: a. Application Date: 3 July 2017 b. Date Received: 11 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, during ten years of active service, the applicant's professional service record was impeccable. The applicant had no adverse actions. The applicant's request for an upgrade is based on prior honorable service during two previous enlistments. The applicant had injuries that occurred during service and needed and still needs, continued medical help. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Acute Reaction to Stress and Adjustment Disorder. The applicant is 50% service-connected for PTSD from the VA. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 24 January 2020, 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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 12 January 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 July 2016 (2) Basis for Separation: The applicant was informed of the following reasons: Rape of a minor. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 July 2016 (5) Administrative Separation Board: On 16 September 2016, the applicant was notified to appear before an administrative separation board and advised of his rights. The applicant refused to sign the acknowledgement of the administrative separation board. On 7 October 2016, the administrative separation board convened and the applicant's counsel appeared on behalf of the applicant, who was in civil confinement. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. The separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 15 December 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 November 2014 / 4 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15T1S, K1 UH-60 Helicopter Repairer / 10 years, 3 months, 11 days d. Prior Service / Characterizations: RA, 15 June 2006 - 17 November 2014 / HD / The applicant's service record is void of his previous reenlistment document. e. Overseas Service / Combat Service: Korea, SWA, UAE / Afghanistan (2 July 2012 - 3 August 2012), Iraq (31 May 2010 - 1 August 2010), UAE (29 March 2014 - 16 May 2014) f. Awards and Decorations: ACM-CS, ARCOM, AAM-2, MUC-2, USAF PUC, AGCM-3, NDSM, GWOTEM, GWOTSM, KDSM, ICM-CS, NCOPDR, ASR, OSR, NATOMDL g. Performance Ratings: 1 October 2014 - 31 October 2015 / Fully Capable 31 October 2015 - 25 September 2016 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Law Enforcement Report - SIR/ Initial - Final, dated 11 December 2015, reflects an investigation determined the applicant committed the offenses of Rape of a Child in the Third Degree, Child Molestation in the Third Degree, Communication with a Minor for Immoral Purposes and Violation of a Protection Order. Superior Court of Washington for Pierce County, Judgment and Sentence, 18 November 2016, reflects the applicant was found guilty of: Child Molestation in the third degree; and communication with a minor for immoral purposes. The applicant was sentenced to 20 months of actual confinement. i. Lost Time / Mode of Return: 108 days (NIF, 26 September 2016 - 12 January 2017) / NIF 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 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 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 that he had good service which included a two combat tours. 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 veterans benefits through medical treatment. However, eligibility for veteran's benefits to include medical treatment, 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 24 January 2020, 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 AR20170011156 1