1. Applicant's Name: a. Application Date: 30 October 2018 b. Date Received: 1 November 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 honorable. The applicant seeks relief contending, in effect, that the discharge and the reasons behind it do not reflect the applicant or applicant's character as a Soldier or a civilian. The applicant has two different times of service and a deployment to Iraq in a career and just feels this one incident does not warrant a UOTH. In a records review conducted at Arlington, VA on 28 June 2019, 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: 22 July 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 August 2013 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 19 August 2013, the applicant was charged with the following offenses: Violating Article 92; by failing to obey a lawful general regulation, to wit: paragraph 4 a, 82d Airborne Division Regulation by wrongfully providing alcoholic beverages to Ms. X., while she was under the age of 21 on 14 September 2012; Violating Article 120; by committing sexual contact upon Ms. X., to wit: touching her breast with his mouth and hand, by doing so when Ms. X., was incapable of consenting to the sexual contact due to impairment by alcohol and the conditions was known or reasonably should have been known by the applicant on 14 September 2012; Violating Article 12c; by intentionally exposing in an indecent manner his penis while in a public place in the presence of others on 14 September 2012; Violating Article 134; by wrongfully having sexual intercourse with Ms. X., a woman not his wife, such conduct being to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces on 14 September 2012; and Knowingly and wrongfully produced child pornography to wit: a video of a minor engaging in sexually explicit conduct, such conduct being of a nature to bring discredit upon the armed forces on 14 September 2012. (3) Recommended Characterization: NIF (4) Legal Consultation Date: 1 July 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 July 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 April 2012 / 6 years b. Age at Enlistment / Education / GT Score: HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M1P, Motor Transport Operator / 6 years, 8 months, 3 days. (The DD Form 214 under review shows the applicant's total service as 9 years, 6 months, and 15 days; however, based on documents in the record the applicant's total service should be 6 years, 8 months, 3 days). d. Prior Service / Characterizations: RA, 16 August 1995 to 19 December 1997 / UOTHC (Break-in-Service) RA, 23 November 2009 to 12 April 2012 / HD e. Overseas Service / Combat Service: SWA / Iraq (18 September 2010 to 30 August 2011) f. Awards and Decorations: ARCOM, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form's 214 for a prior period of service and the period of service under review. 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 honorable. 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 several acts of significant achievements; however, it appears it did not support the issuance of an honorable discharge by the separation authority at the time of discharge. The applicant seeks relief contending that his discharge and the reasons behind it do not reflect him or his character as a Soldier or a civilian. He contends he has two different times of service and a deployment to Iraq in his career and he just feels this one incident does not warrant. The applicant contentions were noted; however, the service record indicates the applicant committed several discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents 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 28 June 2019, 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 AR20180015425 1