1. Applicant's Name: a. Application Date: 2 November 2018 b. Date Received: 16 November 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, has taken the appropriated steps to better oneself on multiple levels. The applicant has grounded oneself with the assistance of others to change and maintain a healthy lifestyle. The applicant contends that over the course of years, has completed several programs and manages the behavior in a change that is suitable to be an honorary member of society. In a records review conducted at Arlington, VA on 18 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions. b. Date of Discharge: 19 June 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons: for committing aggravated sexual contact upon PFC X, on 17 November 2011; Making a false official statement to SA X., 12 December 2011; and Failing to obey a lawful regulation on 12 February 2012 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 6 March 2012, (5) Administrative Separation Board: The applicant requested to appear before an administrative separation board. On 1 May 2012, the applicant was notified that an Administrative Separation Board was to be convened on 16 May 2012 to determine if he should be recommended for elimination for the Unites States Army, under the provisions of AR 635- 200, Chapter 14-12c, commission of a serious offense. The specific, factual reasons for action recommended were: on or about 12 February 2012, the applicant failed to obey a lawful regulation, on 12 December 2011, he made a false official statement to SA X, and on 17 November 2011 he committed aggravated sexual contact upon PFC X. On 16 May 2012, the applicant along with legal counsel appeared before the Administrative Separation Board. The board found by a preponderance of the evidence that the applicant committed the alleged misconduct of aggravated sexual assault, failed to obey a lawful regulation, and made a false official statement. The board recommended that the applicant be separated from the service prior to the expiration of his term of service with a characterization of service of under other than honorable and that the separation be suspended IAW AR 635-200, paragraph 1-18, for a period of no days. (6) Separation Decision Date / Characterization: 4 June 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 September 2009 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 2 years, 9 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, showing the applicant was the subject of investigation for operating a motor vehicle with a suspended registration and failure to stop at a posted stop sign. The report also made reference to the applicant having a previous offenses of assault, larceny, wrongful sexual contact, and making a false official statement. Agent's Investigation Report, dated 19 December 2011. No Contact Order, dated 18 November 2011. Report of Mental Status Evaluation, dated 20 January 2012, which indicates the applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant met medical retention standards per AR 40-501 and he was cleared for administrative separation. Request for suspensions of the applicant's Administrative Separation from the applicant's Defense Counsel and a rebuttal from the applicant, dated 23 May 2012. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letter of recommendation; certificate of completion of the Sexual Boundaries Groups, Sexual Addiction Groups, Sexual Sensitivity Training, letter from the Department of Veterans Affair, reference time served and letter of support from an Addiction Therapist. 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 up-grade 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 he has taken the appropriated steps to better himself on multiple levels. He contends that he has grounded himself with the assistance of others to change and maintain a healthy lifestyle. He contends that over the course of years, he has completed several programs and manage his behavior in a change that is suitable to be an honorary member of society. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application and the applicant is to be commended on his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. It should be noted that the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. In view of the foregoing and notwithstanding the propriety of the discharge, it appears that block 27, reentry code should be changed to 3, as approved by the separation authority. 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 18 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 AR20180016051 1