1. Applicant's Name: a. Application Date: 3 January 2017 b. Date Received: 15 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, the applicant believes the nature of the applicant's case was very one sided and as such, the applicant did not have the opportunity to redeem nor explain the other side of the story. The reason why the applicant was given a general discharge was because the repercussions, which were explained, would have been more dire than not accepting them even though the applicant did not do them. The applicant states that at the time the applicant did not know the information about the other person involved. The applicant states, had the applicant not accepted them, it would have meant the applicant would have had to register as a sex offender, spend a year in jail and receive an other than honorable discharge. To prevent this, the applicant followed the advice of the appointed military counselor and decided that it would be best to plead guilty. As a result, the applicant was demoted to E-1 and spent two weeks incarcerated at the Clarksville County Jail in Tennessee. The applicant states, although the applicant received a general discharge, it is still hard for the applicant to get into certain jobs and more importantly, finish college education. One of the main reasons the applicant joined the Army was education, but above all else was to be a-part of the United States Army. The applicant believes that the time and service within the Army merits all the good done over the years. The applicant believes that because the nature of the case, the applicant should not be penalized for the rest of the applicant's life due to the allegations of someone who was not telling the truth and the applicant was given no choice, but to accept the court's decision. The applicant believes the applicant deserves an opportunity for redemption, move on in life and the opportunity to once again serve the country again as a Soldier, either in active Army or the National Guard. In a records review conducted at Arlington, VA on 5 August 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 / General (Under Honorable Conditions) b. Date of Discharge: 8 February 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 December 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 11 September 2015, he attempted to commit sexual contact upon Private X., by unbuttoning her pants with his hand to touch her body when he knew or reasonably knew that Private C. was asleep. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 4 December 2015 (5) Administrative Separation Board: On 4 December 2015, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 27 January 2016 / Under Other Than Honorable Conditions / The applicant's DD Form 214, reflects a characterization of service of General (Under Honorable Conditions); however, the service record is void of any document, which would explain why the applicant's DD Form 214 does not reflect a characterization of service of Under Other Than Honorable Conditions, as approved by the separation authority. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 November 2012 / 3 years, 22 weeks b. Age at Enlistment / Education / GT Score: 23 / Some College / 90 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10 2B, Motor Transport Operator / 3 years, 3 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (7 March 2014 - 27 November 2014) f. Awards and Decorations: ACM-CS, ARCOM, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Law Enforcement Report - SIR, dated 14 October 2015, reflects an investigation determined the applicant committed the offenses of Unlawful Entry and Abusive Sexual Contact when he reentered PV2 X.s' barracks room without her knowledge and consent; and subsequently touched her in a sexual manner while she was asleep, without her consent. Investigation further determined the applicant did not commit the offense of Attempted Sexual Assault as originally reported, as the events and circumstances detailed in the statement of PV2 X. did not meet the elements of proof for the offense of Sexual Assault. Offer to Plead Guilty, dated 11 November 2015, reflects the applicant offered to plead guilty to the charges and their specifications; and, to accept an other than honorable (OTH) discharge in an action to separate him pursuant to AR 635-200, chapter 14, paragraph 12 for the mentioned misconduct and to waive his right to demand a separation board. In exchange for his actions, the Convening Authority agreed to refer all charges and specifications to a Summary court- martial. Report of Result of Trial, reflects the applicant was tried in a Summary Court-Martial on 4 December 2015. The applicant was charged with: Charge I: violation of Article 80, UCMJ: Attempted to commit sexual contact upon PVT X. Guilty, Consistent with the plea. Charge II: violation of Article 107, UCMJ: Make a false official statement to PFC X. Guilty, Consistent with the plea. Charge III: violation of Article 134, UCMJ: Unlawfully enter the barracks room of PVT X Guilty, Consistent with the plea. Sentence: Reduction to E-1 and confinement for 20 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Privacy Release Form; DD Form 214; Orders 033-0602. 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 general (under honorable conditions) discharge to honorable. 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. Based on the service record, it appears that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, Character of Service as "General (Under Honorable Conditions)". The service record confirms the separation authority approved the applicant's discharge with a characterization of service of Under Other Than Honorable Conditions. The applicant contends his case was very one sided and as such, he did not have the opportunity to redeem nor explain himself to provide his side of the story. 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 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 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. Notwithstanding the administrative error, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 5 August 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 AR20180002080 1