1. Applicant's Name: a. Application Date: 20 June 2018 b. Date Received: 10 August 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, that the discharge was based on an incident in civilian court that was finalized a year prior to discharge. The applicant contends that during that time multiple attempts to discharge the applicant were made and failed because of evidence the applicant provided to the JAG Office. While the applicant no longer possess these items the paperwork should still be a part of the legal military records. Also as issued by the civilian court, the applicant finished the given probation period and had all charges expunged through the judicial diversion granted by the DA and Judge. In a records review conducted at Arlington, VA on 22 January 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: 24 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 March 2013 (2) Basis for Separation: The applicant was informed of the following reason: for being found guilty of two counts of statutory rape and sentenced to two years' probation by the State of Tennessee on 2 May 2012 (3) Recommended Characterization: General (Under Honorable Conditions) The intermediate commander recommended the applicant's characterization of service be characterized as honorable. (4) Legal Consultation Date: 25 March 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 May 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 October 2010 / 6 years, 18 weeks b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 7 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Personal Memorandum Regarding Administrative Separation, dated 28 March 2013, which the applicant makes reference to having had an adult relationship with a female who claimed to be nineteen years of age and later found out her true age. He entered into a plea agreement in which he would serve two years of probation under the expungement statute; meaning that after his probation was served his cause would be removed from public record. Documents from the State of Tennessee Board of Probation and Paroles. Report of Mental Status Evaluation, dated 19 October 2012, which shows the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was psychiatrically cleared for Chapter 14-5 consideration per his command. 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: None submitted with his 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 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. The applicant seeks relief contending that his discharge was based on an incident in civilian court that was finalized a year prior to his discharge. He contends that during that time multiple attempts to discharge him were made and failed because of evidence he provided to the JAG Office. While he no longer possess these items the paperwork should still be a part of his legal military records. Also as issued by the civilian court he finished the probation period given to him and had all charges expunged through the judicial diversion granted by the DA and Judge. The applicant's contentions were noted; however, evidence in the record shows the applicant was discharged for being found guilty of two counts of statutory rape and sentenced to two years' probation by the State of Tennessee on 2 May 2012. The Personal Memorandum Regarding Administrative Separation, dated 28 March 2013, which the applicant makes reference to having had an adult relationship with a female who claimed to be nineteen years of age and later found out her true age was also noted. The applicant entered into a plea agreement in which he would serve two years of probation under the expungement statute; meaning that after his probation was served his cause would be removed from public record. However, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial or the sentence by civil authorities. The applicant was found guilty of two counts of statutory rape and sentenced to two years' probation. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 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 22 January 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 AR20180012781 1