1. Applicant's Name: a. Application Date: 30 March 2018 b. Date Received: 8 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, prior to the incident that led to discharge, the applicant served the country with honor and dignity. The applicant enjoyed serving the country and after serving three years, reenlisted, which the applicant would not have been able to do, if not serving honorably. The applicant states, prior to serving in the Army, was a college student. The applicant was told prior to discharge that the applicant would be able to receive veteran's benefits, such as medical, dental and educational assistance because the applicant had reenlisted. The applicant has not be able to receive those benefits and would like to pursue education. 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; Adult sexual abuse, suspected; Adult physical abuse, suspected. The applicant is not service- connected from the VA. 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 10 June 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: 20 September 2016 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 14 June 2016, the applicant was charged with: Charge I: Violation of Article 128, UCMJ: Specification 1: The applicant, did on or about 11 October 2014, unlawfully strike SPC X. on the face with his hand; Specification 2: The applicant did on or about 17 March 2015, unlawfully strike SPC X. on the head with his hand; Specification 3: The applicant did on or about 6 August 2015, unlawfully strike SPC X. on the face with his hand; Specification 4: The applicant did on or about 6 August 2015, commit an assault upon SPC X. by strangling her on the neck with his hands with a force likely to produce death or grievous bodily harm, to wit: strangulation; Specification 5: The applicant did, on or about 7 August 2015, unlawfully strike SPC X. on the face and chest with his hand; Specification 6: The applicant did, between on or about 8 August 2015 and on or about 31 August 2015, unlawfully pull SPC X down a flight of stairs by the hair with his hand. Specification 7: The applicant did, on or about 27 September 2015, unlawfully strike SPC X. on the face with his hand; Specification 8: The applicant did, on or about 27 September 2015, commit an assault upon SPC X. by strangling her on the neck with his hands with a force likely to produce death or grievous bodily harm; Specification 9: The applicant did, on or about 5 April 2016, unlawfully strike SPC X. on the face with his hand; Specification 10: The applicant did, on or about 5 June 2016, commit an assault upon SPC X. by strangling her on the neck with his hands with a force likely to produce death or grievous bodily harm; and, Specification 11: The applicant did, on or about 5 June 2016, commit an assault upon SPC X. by throwing a knife at her with a force likely to produce death or grievous bodily harm. Charge II: Violation of Article 134, UCMJ: Specification 1: The applicant did, on or about 5 June 2016, wrongfully communicate to SPC X. a threat to kill SPC X., such conduct being of a nature to bring discredit upon the armed forces. Charge Ill: Violation of Article 80, UCMJ: Specification 1: The applicant did, on or about 2 August 2015, attempt to commit a sexual act upon SPC X., to wit: penetrating her vulva with his penis, by causing bodily harm to her, to wit: doing so against her will. (2) Legal Consultation Date: 23 August 2016 (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: undated / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 September 2015 / 3 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 3 years, 7 months, 17 days d. Prior Service / Characterizations: RA, 4 February 2013 - 22 September 2015 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, KDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Five Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 11 April 2016; From "AWOL" to "PDY," effective 11 April 2016; From "to "PDY," to "AWOL- Confined by Civil Authorities (CCA)" effective 11 April 2016; From "AWOL- Confined by Civil Authorities (CCA)" to "PDY" effective 11 April 2016; and, From "to "PDY," to "Pretrial Confinement" effective 8 June 2016. Law Enforcement Report - SIR/Final, dated 1 May 2016, reflects Trial Counsel, Office of the Staff Judge Advocate, Fort Stewart, opined probable cause existed to believe the applicant committed the offenses of Attempted Sexual Assault, Assault and Communicating a Threat. Law Enforcement Report - Final, dated 11 May 2016, reflects on 11 April 2016, at 0630 hours, the station was notified by the receipt of a DA Form 4187. Changing the applicant's duty status from Present for Duty to AWOL, as of 11 April 2016, at 0630 hours. Then on 12 April 2016, at 1100 hours this station was notified by the receipt of a DA Form 4187, changing applicant's duty status from AWOL to Present for Duty as of 11 April 2016 at 2130 hours. Law Enforcement Report - Initial - Final, dated 14 June 2016, reflects on 5 June 2016, Deputies of the Richmond County Sheriff's Office was dispatched to a domestic dispute. Contact was made with the applicant's spouse, who was extremely upset and stated her husband, the applicant was trying to kill her. A deputy stated he spoke with the applicant who confirmed that he poured bleach all over his wife and the apartment because he was angry. The deputies observed the applicant's spouse's clothing soaked with bleach and what appeared to be vomit still on the kitchen floor, however, they didn't observe any physical injuries to her. The applicant was placed under arrest and transported to the Richmond County jail where he was charged with Simple Battery (Family Violence) and late released on bond pending court appearance. Law Enforcement Report -Final, dated 10 April 2019, reflects an investigation revealed on 8 April 2016, the applicant and his spouse, who reside in Augusta, GA and assigned to Ft. Gordon were involved in a physical altercation, where the applicant departed the area before the arrival of Richmond County Sheriff. On 11 April 2016, the applicant failed to report back from leave to his unit. A criminal records check was conducted through the US Army Crime Records center, (USACRC) and the National Crime Information center (NCIC) concerning the applicant. The check disclosed on 30 September 2015, the applicant was the subject of an Attempted Sexual Assault, Family Abuse (Domestic), Communicating a Threat, Assault at Fort Gordon. On 5 June 2016, the applicant was the subject of a Simple Battery (Family Violence) family Abuse (Domestic) no disposition was shown. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; VA Form; self-authored statement. 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 that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he had good service. 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 veterans benefits. However, eligibility for veteran's benefits to include the Post 9/11 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 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 10 June 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 AR20180009585 5