1. Applicant's Name: a. Application Date: 9 August 2017 b. Date Received: 10 August 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, would like to start therapy for anger and depression. The applicant made a bad decision and owned up to that decision. It has been over 10 years and has not been in trouble with the law, is very successful now, and is just looking for some help. Though the applicant did not contest to the committed offense, the applicant was still awarded the Army Lapel button, and it was an addendum to Block 18 of the DD Form 214. The applicant contends that through research, in order to receive this you must be honorably discharged. Also since the applicant has been out, has started a not for profit to help local Veterans, and work closely with the local American Legion. The Battalion Commander and First Sergeant were character witnesses. The applicant made a bad choice and suffered losing out on an opportunity the applicant really enjoyed. The applicant has since become a Network/Systems Engineer. In a records review conducted at Arlington, VA on 15 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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 9 September 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 May 2008 (2) Basis for Separation: The applicant was informed of the following reasons: for knowingly engaging in a sexual act between 1 October 2007 and 31 October 2007, engaged in a lewd act, to wit: fellatio and digital vaginal masturbation with X, a child under the age of 16 years old; and Between 1 October 2007 and 31 October 2007, engaged in a sexual act with S.A., a woman not his wife (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 May 2008 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board, if his service was characterized no less favorable that Under Other Than Honorable (6) Separation Decision Date / Characterization: 19 August 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 April 2005 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 121 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B10, IT Specialist / 3 years, 4 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea, Hawaii / None f. Awards and Decorations: AAM-2, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Summary Court-Martial, dated 19 May 2008, for aggravated sexual assault of a child x2 and adultery. The punishment consisted of confinement for 15 days and reduction to E-1. Report of Mental Status Evaluation, dated 13 May 2008, shows that the applicant had the mental capacity to understand and participated in the proceedings and was mentally responsible. There was no evidence of a psychiatric condition that would prevent him from participating in any legal or administrative actions. He w2as mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. i. Lost Time / Mode of Return: Confinement for 12 days (19 May 2008 to 30 May 2008) as a result of Summary Court-Martial. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application; DD Form 293; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has become a Network/Systems Engineer; started a not for profit to help local Veterans, and work closely with the local American Legion. 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 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 seeks relief contending he made a bad decision and he owned up to that decision. It has been over 10 years, he has not been in trouble with the law since and is very successful now, and is just looking for some help. Though he did not contest to the offense he had committed, he was still awarded the Army Lapel button, and it was an addendum to Block 18 of his DD Form 214. He contends that through his research to receive this you must be honorably discharged. Also since he has been out he has started a not for profit to help local Veterans, and work closely with the local American Legion. His Battalion Commander and First Sergeant were character witnesses for him. He made a bad choice and suffered losing out on an opportunity he really enjoyed. He has since become a Network/Systems Engineer. The applicant's contentions were noted; his post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on his accomplishments. However, the applicant's discrediting acts of misconduct constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by his misconduct provide the basis for his characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 expressed his desire for an upgrade of his discharge for the purpose of being able to start therapy for anger and depression. 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 15 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 AR20170012142 4