1. Applicant's Name: a. Application Date: 9 May 2017 b. Date Received: 22 May 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 honorable. The applicant seeks relief contending, in effect, was falsely accused and had to take the under other than honorable conditions discharge or the punishment for something the applicant did not do. In a records review conducted at Arlington, VA on 6 November 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 18 February 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 August 2015 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 18 August 2015, the applicant was charged with committing a sexual act upon X, to wit: penetrating her vulva with his finger, by causing bodily harm to her, to wit: penetrating her vulva with his finger without her consent on 14 April 2015. (3) Recommended Characterization: Evidence of record shows the applicant's unit commander did not make a recommendation for characterization of service, but did state that if he (applicant) was guilty that he should be punished for his crime. If there was not enough evidence to go forward with a trial he would recommend Chapter 10. The intermediate commander did recommend the applicant's characterization of service be under other than honorable conditions. (4) Legal Consultation Date: On 14 December 2015, the applicant voluntarily requested discharge in lieu of trial by court-martial under the provisions of Chapter 10, AR 635- 200. He indicated that he understood that he may request discharge in lieu of trial by court- martial because a charge had been preferred against him under the Uniform Code of Military Justice, which included a punitive discharge as an authorized punishment. He also indicated that he was making this request of his own free will and had not been subjected to any coercion whatsoever by an person. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 February 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 November 2015 / 3 years, 28 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 3 years, 3 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Counseling statement reference out-of- service debt of $900.00. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of offenses punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general (under honorable conditions) discharge by the separation authority at the time of discharge. The applicant seeks relief contending that he was falsely accused and had to take the under other than honorable conditions discharge or the punishment for something he did not do. The applicant's contentions were noted; however, evidence in the records dated 14 December 2015, shows the applicant voluntarily requested discharge in lieu of trial by court-martial under the provisions of Chapter 10, AR 635-200. He indicated that he understood that he may request discharge in lieu of trial by court-martial because a charge had been preferred against him under the Uniform Code of Military Justice, which included a punitive discharge as an authorized punishment. He also indicated that he was making this request of his own free will and had not been subjected to any coercion whatsoever by an person. Although the applicant claims he was falsely accused and had to take the under other than honorable conditions discharge or the punishment for something he did not do, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was falsely accused and had to take the under other than honorable conditions discharge. 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 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 November 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 AR20170012048 1