1. Applicant's Name: a. Application Date: 6 September 2017 b. Date Received: 11 September 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 or general (under honorable conditions). The applicant seeks relief contending, in effect, completed over nine years of exemplary military service, completed two honorable enlistments and had begun a third enlistment. An upgrade to the discharge will allow the applicant college benefits and to seek better employment in the civilian sector. The records reflect that the applicant is a dedicated, hard-working and self-motivating individual, who does not want to be held down by a negative discharge. 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 diagnoses of Phase of Life Problem. The applicant does not have any VA records available for review. In summary, the applicant does not have a BH diagnosis that is 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 b. Date of Discharge: 31 May 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 February 2017 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about the 28 July 2016 and on or about 31 July 2016, he committed an illegal act as: described in O.C.G.A 16-4-1, Criminal Attempt to Commit Child Molestation; and, Between on or about the 28 July 2016 and on or about 31 July 2016; he committed an illegal act as described in Article 120b, Sexual Abuse of a Child by Indecent Communication. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 27 February 2017 (5) Administrative Separation Board: On 27 February 2017 the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. On 14 March 2017 the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 13 April 2017 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 March 2016 / 5 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 118 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15T10, UH-60 Helicopter Repairer / 9 years, 10 months d. Prior Service / Characterizations: RA, 1 August 2007 - 4 June 2012 / HD RA, 5 June 2012 - 12 June 2014 / HD RA, 13 June 2014 - 27 March 2016 / HD e. Overseas Service / Combat Service: Germany, Korea, SWA / Afghanistan (9 December 2012 - 27 August 2013), Iraq (4 November 2009 - 13 November 2010) f. Awards and Decorations: ACM-2CS, ARCOM, AAM-2, MUC, AGCM-3, NDSM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR-3, NATOMDL g. Performance Ratings: 1 April 2016 - 14 October 2016 / Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: Incident Report (memo), dated 31 July 2016, reflects the applicant was arrested at his place of residence at 1115 on 31 July 2016, officially booked into the Effingham County Jail at 1420 on 31 July 2016. He was arrested for alleged child molestation cause. No further information was given. Law Enforcement Report - Final/Collateral, dated 26 September 2016, reflects the applicant had been arrested by Effingham County Sheriff's Office (ECSO) for Attempt to Commit a, Felony (Child molestation). ECSO and the Internet Crimes Against Children (ICAC) Unit conducted an undercover operation targeting individuals exploiting children. ECSO reported the applicant contacted an undercover officer over the internet; whom he believed to be an underage child and arranged to meet to commit sexual acts. Upon arrival at the prearranged meeting place, the applicant was arrested by ECSO and transported to the Effingham County Jail. Report of Mental Status Evaluation, dated 28 November 2016, 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. State of Georgia, County of Effingham, Bill of Indictment, dated 5 December 2016, reflects the applicant was indicted on two counts: Computer Pornography in that the said accused, in said State and said County, on or about the 31st day of July, 2016, did intentionally utilize an Internet service to solicit an undercover officer, believed by the accused to be a child under 16 years of age, to commit illegal acts .as described in O.C.G.A 16-6-4(c) relating to the offense of Child Molestation, contrary to the laws of said State, the good order, peace, and dignity thereof. Criminal Attempt to Commit Child Molestation, in that the said accused, in said State and said County, on or about the 31st day of July, 2016, did knowingly and intentionally attempt to commit the crime of Child Molestation, in violation of Code section 16-6-4 (c) of the Official Code of Georgia, in that the said accused did make arrangements to meet an undercover officer, believed by the accused to be a 15-year-old-girl, for the purpose of engaging in sexual conduct with the child, and did travel to the agreed upon meeting place in an attempt to consummate said sexual conduct with said child, acts which constitute a substantial step toward the commission of said crime, contrary to the laws of said State, the good order, peace, and dignity thereof. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; three DA Forms 2166-8; DA Form 4856; and, ERB. 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 honorable or 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 two combat tours. 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 applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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 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 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 AR20170016259 4