1. Applicant's Name: a. Application Date: 28 November 2017 b. Date Received: 4 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to narrative reason for discharge due to possible and future prejudice relations with civilian employers. The applicant seeks relief contending, in effect, that the applicant has acknowledged the guilt regarding the military reprimand in the past and present. However due to block 26 and 28 showing misconduct, the applicant has not been able to gain meaningful employment within the civilian workforce even though the applicant has an honorable discharge with several commendations/awards. 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 Adjustment Disorder, Anxiety Disorder, and Other Specified Life or Life Circumstance Problem. The applicant is 80% service-connected; 30% for PTSD from the VA. In summary, the applicant's BH diagnosis is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 17 April 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2b and 4-24a (1) / BNC / Honorable b. Date of Discharge: 7 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 December 2012 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provision of Army Regulation (AR) 600-8-24, paragraph 4-2(b), because of misconduct, moral or professional dereliction, for the following reason: Substantiated derogatory activity resulting in a General Officer Memorandum of Reprimand dated 24 May 2011 and an referred Officer Evaluation Report for the period of 1 February 2011 to 31 January 2012, which was filed in his Official Military Personnel File; and Conduct unbecoming an officer as indicated by the above-referenced items. (3) Legal Consultation Date: 4 February 2013 (4) GCMCA Recommendation Date / Characterization: 13 March 2013 / Honorable (5) DA Board of Review for Eliminations: The Ad Hoc Review Board considered the request for resignation in lieu of elimination tendered by the applicant based on misconduct and moral or professional dereliction (AR 600-8-24, paragraph 4-2b) (6) Separation Decision Date / Characterization: On 16 April 2013 the Deputy Assistant Secretary of the Army (Review Boards) accepted the applicant's resignation and directed he be discharged from the United States Army with an Honorable characterization of service. 4. SERVICE DETAILS: a. Date / Period of Appointment: OAD, 1 November 2006 / Indefinite b. Age at Appointment / Education / GT Score: 29 / BS / NA c. Highest Grade Achieved / MOS / Total Service: O-3 / 25A, Signal / 13 years, 11 months, 16 days d. Prior Service / Characterizations: USAR, 22 May 1999 to 15 December 2001 / NA Appointed 2LT / USAR (16 December 2001 to 12 March 2002) OAD, 13 March 2002 to 13 March 2005 / HD USARCG, 14 March 2005 to 10 December 2005 / NA OAD, 11 December 2005 to 13 August 2006 / HD e. Overseas Service / Combat Service: SWA / Iraq (1 May 2003 to 13 November 2004 and 10 December 2007 to 28 February 2009) f. Awards and Decorations: BSM, MSM, ARCOM-2, AAM-2, JMUA, MUC, USA, USAF Presidential Unit Citation, ICM-4CS, NDSM, GWOTEM, GWOTSM, ASR, OSR-2, AFRM-M Device g. Performance Ratings: 27 December 2015 to 14 May 2009 (three reports / Best Qualified 15 May 2009 to 30 January 2010 / Fully Qualified 1 February 2010 to 31 January 2011 (Best Qualified) 1 February 2011 to 5 May 2013 (three reports) (Fully Qualified) h. Disciplinary Action(s) / Evidentiary Record: AR 15-6 Investigation, which found that the applicant made unwanted and unwarranted advances towards Mrs. (MSG) X.; made multiple comments and inappropriate suggestive remarks to her; missed movement on 23 and 24 March 2011; and failed to report to his appointed place of duty on at least five separate occasions from 28 March 2011 to 1 April 2011. It was recommended that the applicant be counseled by his chain of command regarding his unprofessional comments, conduct and dereliction of duty; that he be issued a General Officer Memorandum of Reprimand from the Commanding General, Division West, First Army, and that in light of his patterns of contempt for lawful orders and authority that his security clearance be considered for revocation. General Officer Administrative Reprimand, dated 24 May 2011, for sexual harassment, conduct unbecoming an officer and dereliction of duty. Promotion Review Board Results (PRB A1108-17), dated 30 November 2011. Negative counseling statement for various acts of misconduct and duty performance. 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 and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "BNC" as the appropriate code to assign commissioned officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct; and, 4-24a (1), resignation in lieu of elimination. 8. DISCUSSION OF FACT(S): The applicant requests a change to his narrative reason for discharge due to possible and future prejudice relations with civilian employers. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant seeks relief contending that he has acknowledged his guilt regarding his military reprimand in the past and present. However due to block 26 and 28 showing misconduct he has not been able to gain meaningful employment within the civilian workforce even though he has an honorable discharge with several commendations/awards. The applicant's contentions were noted; however, evidence in the record shows the applicant was separated under the provisions of Chapter 4, paragraph 4-2b and 4-24a (1), AR 600-8-24 with a honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "BNC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. It should also be note, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 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 17 April 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 AR20180000610 1