1. Applicant's Name: a. Application Date: 7 March 2018 b. Date Received: 29 March 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, did not want to go to trial because the applicant did not want to lose the daughter. The applicant states, there was only horseplay and that the Board should watch the video. In a records review conducted at Arlington, VA on 13 March 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: In Lieu of Trial by Court-Martial / AR 635- 200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 31 March 2015 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 19 December 2014, the applicant was charged with: Charge I: Violation of Article 120, UCMJ: The applicant did, on or about 14 November 2014, touch through the clothing the breast of Sergeant M. C. by causing bodily harm to her, to wit: pinching her right nipple with hand, with an intent to abuse, humiliate, or degrade her. Charge Il: Violation of Article 107, UCMJ: The applicant did, on or about 25 November 2014, with intent to deceive, make to Special Agent C. F., an official statement to wit: "I did not intentionally touch the breast of Sergeant M. C.," or words to that effect, which statement was totally false, and was then known by the applicant to be false. (2) Legal Consultation Date: 25 February 2015 (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. The applicant noted in his request he was not making the request for discharge for the offense of Abusive Sexual Contract, as he was not guilty of this offense. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 4 March 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 February 2014 / 4 years b. Age at Enlistment / Education / GT Score: 32 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-5 / 31E10, Internment/ Resettlement Specialist / 10 years, 11 months, 4 days d. Prior Service / Characterizations: RA, 27 April 2004 - 21 August 2006 / HD RA, 22 August 2006 - 21 August 2010 / HD RA, 22 August 2010 - 17 April 2011 / HD RA, 18 April 2011 - 27 February 2014 / HD e. Overseas Service / Combat Service: Cuba, Germany / None f. Awards and Decorations: AAM-4, AGCM-3, NDSM, GWOTEM, GWOTSM, NCOPDR- 2, ASR, OSR-2 g. Performance Ratings: 7 August 2013 - 6 August 2014 / Fully Capable 7 August 2014 - 4 March 2015 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. CID Report of Investigation - Initial Final, dated 15 January 2015, reflects an investigation established probable cause to believe the applicant committed the offense of Abusive Sexual Contact, when he pinched the nipple of SGT [redacted]. CID Report of Investigation - 2ND Corrected Final, dated 13 June 2007, reflects an investigation established probable cause to believe the applicant committed the offense of Housebreaking, when he unlawfully entered the barracks room of another Soldier. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 149; four character statements; case separation documents; Fact Sheet. 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 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 he did not want to go to trial and his behavior was only horseplay. 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good performance while in the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 13 March 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 AR20180005570 1