1. Applicant's Name: a. Application Date: 14 July 2017 b. Date Received: 18 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, had six years of honorable service with good conduct and commendations that do not reflect a pattern of misconduct. 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 no BH diagnoses on active duty. The applicant is 60% service-connected; 50% for PTSD from the VA. In summary, the applicant's BH diagnosis is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 31 January 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 1 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 November 2015 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: He committed a lewd action on a child under the age of 16 on divers' occasions between on or about 27 November 2014 and 1 February 2015. He also had sexual intercourse with a child under the age of 16 on divers occasions between on or about 27 November 2014 and 1 February 2015. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 December 2015 (5) Administrative Separation Board: On 14 December 2015, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: On 23 February 2016, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 April 2013 / 3 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B2V, Infantryman / 4 years, 10 months, 16 days d. Prior Service / Characterizations: RA, 26 April 2010 - 22 April 2013 / HD e. Overseas Service / Combat Service: Alaska, SWA / Afghanistan (17 April 2011 - 17 April 2012) f. Awards and Decorations: ACM-2CS, ARCOM, AAM-2, NATOMDL, AGCM, NDSM, NCOPDR, ASR, OSR-2, CIB, Ranger Tab g. Performance Ratings: 15 August 2013 - 14 August 2014 / Fully Capable 14 August 2014 - 13 August 2015 / Marginal h. Disciplinary Action(s) / Evidentiary Record: State of Idaho, County of Canyon, Affidavit of Probable Cause, dated 2 March 2015, reflects the applicant was alleged to have committed: Lewd Conduct with a Minor Child (multiple), between November 2014 and February 2015. State of Idaho, County of Canyon, Court Minutes, dated 15 May 2015, reflects the applicant plead guilty to the felony charge of Lewd Conduct with a Minor. The stated would dismiss other related charge and a misdemeanor charge. State of Idaho, County of Canyon, Judgment and Commitment and Order of Retained Jurisdiction, dated 6 July 2015, reflects the applicant was convicted upon his plea of guilty to the offense of Lewd Conduct with a Minor under Sixteen. The applicant was sentenced to a minimum period of confinement of five years and a subsequent indeterminate period of confinement not to exceed ten years for a total unified sentence of fifteen years. Personnel Action form, reflects the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Civilian Confinement," effective 12 March 2015. Law Enforcement Report - Final/Joint, dated 29 September 2015, reflects an investigation established probable cause to believe the applicant committed the offense of Lewd Conduct with a Minor under Sixteen, when he engaged in sexual acts with [redacted] female on multiple occasions. Behavioral Health Records Review (memo), dated 9 February 2016, reflects a review of behavioral health records was completed in absentia for the applicant, who was serving a 10 year sentence in North Idaho Confinement Facility. The purpose of the review was to rule out any applicable behavioral health conditions that would require a medical or mental evaluation board per AR 40-501, prior to administrative separation via AR 635-200. Per review of all available records in the AHLTA medical records system, there was no indication that the service member had any past or current diagnosis of posttraumatic stress disorder and/or traumatic brain injury, nor any other relevant behavioral health diagnoses. i. Lost Time / Mode of Return: 355 days (Civil Confinement, 12 March 2015 - 1 March 2016) / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214. 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 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 combat tour. 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 service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 28, Narrative Reason for Separation as Pattern of Misconduct. The discharge packet confirms the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12c. Soldiers processed for misconduct under this provisions will be assigned a Narrative Reason for Separation as Misconduct (Serious Offense). 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 31 January 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, paragraph 14-12c e. Change SPD / RE Code to: JKQ / RE-3 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 AR20170014705 1