1. Applicant's Name: a. Application Date: 14 July 2017 b. Date Received: 24 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, was done an injustice during a tenure in South Korea. Once the applicant was notified by CID about being investigated for suspicion of sexual assault and was interviewed by CID, the applicant was taken back to the unit, where the applicant asked to be relocated to another unit while the investigation was going on, but they kept the applicant and the accuser in the same company. After the CID report showed no evidence linking the applicant to the sexual assault, the battalion commander still punished the applicant under Article 15, reducing the applicant in rank. The applicant asked at the time, to be allowed to ETS, which was within a few months. The applicant was told that they would not allow the applicant to ETS and that they were going to make an example of the applicant and kick the applicant out of the service. The applicant believed that this was wrong because by the time they kicked the applicant out, the applicant was only six days from ETS. During the review board that the applicant attended with a lawyer, the board had already had made up their mind because sexual assaults had become a big issue in the Army. The applicant states that the Soldiers who had made sworn statements came to the review board and recanted their sworn statements swearing that they were misled by the accuser. The applicant paid the price by being punished in front of the Soldiers that the applicant used to lead and by being kicked out. The applicant had almost lost the family, career and dignity; and, now only requests for some relief in the form of an upgrade. 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 while on active duty. The applicant is 70% service-connected for PTSD from the VA. The VA has also diagnosed the applicant with Unspecified Depressive Disorder, Other Specified Trauma and Stressor Related Disorder, Alcohol Use Disorder, Alcohol Abuse, and PTSD. 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-3 / Under Other Than Honorable Conditions b. Date of Discharge: 6 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 January 2012 (2) Basis for Separation: The applicant was informed of the following reasons: He received a Field Grade Article 15, on 8 May 2012, for engaging in a wrongful relationship and wrongful sexual contact with a junior enlisted Soldier that was not his wife. Furthermore, pursuant to an AR 15-6 investigation, he was found to have sexually harassed the previously mentioned female as well as a second junior enlisted Soldier, not his wife, while he was the Floor NCO. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 21 June 2012 (5) Administrative Separation Board: On 30 July 2012, the applicant was notified to appear before an administrative separation board and advised of his rights. On 5 September 2012, the administrative separation board convened and the applicant appeared with counsel. 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: 21 September 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 October 2008 / 4 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91J10, Quartermaster and Chemical Equipment Repair / 10 years, 2 months, 27 days d. Prior Service / Characterizations: RA, 10 July 2002 - 29 September 2004 / HD RA, 30 September 2004 - 26 January 2006 / HD RA, 27 January 2006 - 14 October 2008 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (3 March 2003 - 2 March 2004 / 17 August 2008 - 24 November 2008) f. Awards and Decorations: ARCOM-2, AAM-2, MUC, AGCM-3, NDSM, GWOTEM, GWOTSM, KDSM, ICM-3CS, NCOPDR, ASR, OSR-2 g. Performance Ratings: 1 August 2008 - 31 March 2009 / Fully Capable 1 April 2009 - 31 March 2010 / Fully Capable 1 April 2010 - 31 March 2011 / Among The Best 1 April 2011 - 31 March 2012 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation - Final, dated 11 April 2012, reflects an investigation established probable cause to believe the applicant committed the offenses of Abusive Sexual Contact, Wrongful Sexual Contact, Forced Sodomy and Simple Assault when he forcibly kissed PFC [redacted], touched her genitalia, and performed oral sex on PFC [redacted] without her. consent. FG Article 15, dated 10 May 2012, for wrongfully engaging in sexual contacts with PFC C on divers occasions, by touching her genitals with his hands and mouth and such contacts were without her permission (between 12 and 28 January 2012); and, for violate a lawful regulation by engaging in a relationship with PFC C on divers occasion (between 12 and 28 January 2012). The punishment consisted of a reduction to E-4; forfeiture of $1,181 pay per month for two months; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 7 June 2012, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149. 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 the members of his administrative separation board had already made up their minds to discharge him and that his command would not allow him to ETS, because they wanted to make an example of him. 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 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 AR20170014718 1