1. Applicant's Name: a. Application Date: 28 February 2017 b. Date Received: 4 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, the time in the military was a great experience and the applicant appreciates the Army for giving an opportunity to serve the country. The applicant learned many valuable lessons and went through one of the most stressful times in life, while serving in the Army. The applicant had a hard time explaining to Family what was going on at the time because the applicant had never been in that type of situation and did know how serious it would be. The applicant was asked by CID if they could go through the phone for evidence, but nothing was found. The applicant was then asked to take a polygraph, to which the applicant agreed. The test results were inconsistent and the applicant was under investigation and confined to post. The applicant's civilian clothes were taken by the chain of command and was only allowed to wear Army issued clothing. The applicant was accused of rape by force and adultery, which is a crime that the applicant did not commit as proven during the court-martial. The applicant is not a monster, nor a person that would do anything of that nature. After being fully acquitted in the court-martial, the applicant believes the command did not want the applicant to be in the Army anymore. The chain of command never supported the applicant during the investigation and will never understand why the chain of command took the civilian clothes. The applicant states, the discharge prevented the applicant from getting a few jobs and has been very stressful. The applicant is young and has a whole life ahead where the applicant plans on doing great things. Currently, the applicant is trying to join the police department and serve the city the applicant grew up. The applicant's last application to the police department was denied due to the discharge status, which has caused stress because it's the applicant's dream to join the police department and have better opportunities. In a records review conducted at Arlington, VA on 8 August 2018, and by a 3-2 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 October 2013 (2) Basis for Separation: The applicant was informed of the following reasons: He had engaged in a pattern of misconduct consisting of discreditable conduct prejudicial to good order and discipline; He had failed to report for duty on numerous occasions and had been caught sleeping on duty several times; He had failed to be in the proper uniform; and, He had been derelict in his duties by not shaving before formation and talking on his cell phone when he should have been performing his daily assigned duties. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 3 October 2013, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 October 2013 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 January 2012 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92A10, Automated Logistical Specialist / 1 year, 9 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 18 September 2013, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, DA Form 2707 and a letter of support. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 believes his chain of command did not want him in the Army and did not help him when he was going through his court-martial. The applicant provided a letter from his former defense counsel during his court-martial, which reflects the applicant was denied the opportunity or tricked into waiving his rights to defense counsel during the separation process. 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 an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 3-2 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 AR20170011436 1