1. Applicant's Name: a. Application Date: 28 November 2017 b. Date Received: 2 February 2018 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, desires an upgrade because of being turned down by jobs due to the discharge. The applicant believes the punishment should have been the Field Grade Article 15, which is what was recommended by the Company Commander. The applicant has learned from this past mistake and has become a model citizen. Since discharge, the applicant has been working on being a better father and husband. Regardless of the outcome, the applicant thanks the Board for their consideration of this case. In a records review conducted at Arlington, VA on 20 March 2018, 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: In Lieu of Trial by Court-Martial / AR 635- 200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 11 February 2006 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 5 October 2005, the applicant was charged with violating: Article 134: Specification 1: In that the applicant did, at or near Kunsan Air Base, ROK, on or about 17 March 2005, commit an indecent assault upon PFC S, a person not his wife, by hitting her in the face with his penis, with intent to gratify his sexual desires. Specification 2: In that the applicant did, at or near Kunsan Air Base, ROK, on or about 17 March 2005, while in Building 2900, willfully and wrongfully expose in an indecent manner to public view his penis. Specification 3: In that the applicant did, at or near Kunsan Air Base, ROK, between on or about 1 March 2005 and 31 March 2005, while in Building 1361, willfully and wrongfully expose in an indecent manner to public view his penis. Specification 4: In that the applicant did, at or near Kunsan Air Base, ROK, on or about 19 September 2005, orally communicate to PFC R, certain indecent language, to wit: "Well, all I want to do is touch your titty and then I'll leave," or words to that effect. Specification 5: In that the applicant did, at or near Kunsan Air Base, ROK, between on or about 1 May 2005 and on or about 31 May 2005, orally communicate to PFC C, certain indecent language, to wit: "My penis is bigger than your boyfriend's. You want to see it? Come on, C, you know you want to see it," or words to that effect. Specification 6: In that the applicant did, at or near Kunsan Air Base, ROK, on or about 15 September 2005, orally communicate to PFC C, certain indecent language, to wit: "you just don't want me to fuck you because you're scared," or words to that effect. Specification 7: In that the applicant did, at or near Kunsan Air Base, ROK, on or about 3 September 2005, orally communicate to PFC M, certain indecent language, to wit: "Don't act like you ain't been licked," or words to that effect. Specification 8: In that the applicant did, at or near Kunsan Air Base, ROK, between on or about 1 June 2005 and on or about 30 June 2005, unlawfully enter the barracks room of PFC M. (2) Legal Consultation Date: 5 October 2005 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 27 January 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 June 2004 / 2 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 14T10, Patriot Missile Operator- Maintainer / 3 years, 7 months, 15 days d. Prior Service / Characterizations: RA, 27 June 2002 - 28 June 2004 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AGCM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. CID Report of Investigation - Initial Final, dated 2 September 2005, reflects an investigation established probable cause to believe the applicant committed the offense of Indecent Assault when he pinned PFC [redacted] down and hit her in the face with his penis, while they were alone in Building 2900, KABK. CID Report of Investigation - Initial Final, dated 24 October 2005, reflects an investigation established probable cause to believe the applicant committed the offense of Indecent Acts when he exposed his penis and fondled it in front of PFC [redacted] and PFC [redacted]. Further investigation established probable cause to believe that the applicant committed the offense of Indecent Assault when he touched PFC [redacted]...on their breasts and buttocks. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he has become a model citizen and is working on being a better husband and a father. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general (under honorable conditions) discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends that his company commander recommended an Article 15, which should have been his punishment, instead of being discharged. 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 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 20 March 2018, 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 AR20180001473 1