1. Applicant's Name: a. Application Date: 11 November 2018 b. Date Received: 15 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, would like an upgrade of discharge for the purpose of being able to receive GI Bill benefits and find decent employment. The applicant was discharged under false, never proven allegations. The applicant was a great Soldier while in the Army. Everything changed after being hospitalized from November 2016 to January 2017. The applicant was in the process of finishing a Medical Board when the commander told the applicant that the Commander felt the applicant didn't deserve anything so the Commander tried to chapter the applicant for over 8 months. The applicant contends that it has been beyond difficult to find employment and cannot receive GI Bill benefits although the applicant did longer than 36 months active duty and completed one term of enlistment in good standing. The applicant has to support two children on one's own and can't go to school without GI Bill benefits that the applicant earned nor find decent employment. 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 and FAP Involvement. The applicant is 50% service-connected for Mood Disorder from the VA. The VA has also diagnosed the applicant with Major Depressive Disorder. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 18 April 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 March 2018 (2) Basis for Separation: The evidence of record contains a DD Form's 458, Charge Sheets which indicates on 20 March 2018, the applicant was charged with the following charges: Committing a sexual act upon X., by causing penetration of her vulva with his penis when he knew or reasonably should have known that she was asleep, unconscious, or otherwise unaware that the sexual act was occurring, with an intent to arouse or gratify the sexual desire himself on 23 April 2017; Wrongfully and knowingly filmed the private area of X., without her consent, and under circumstance in which X., had a reasonable expectation of privacy on 23 April 2017; Wrongfully and knowingly broadcasted a recording he knew or reasonably should have known was of the private area of X., was recorded without her consent, and was recorded under circumstances in which X, had a reasonable expectation of privacy on 24 April 2017 and 25 April 2017; and Between 16 December 2017 and 16 January 2018, he wrongfully used marijuana, a Scheduled I controlled substance. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 22 March 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 March 2018 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 July 2016 / 4 years b. Age at Enlistment / Education / GT Score: 24 / 13 years / 123 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Culinary Specialist / 5 years, 1 month d. Prior Service / Characterizations: RA, 19 March 2013 to 10 July 2016 / HD e. Overseas Service / Combat Service: 1 September 2014 to 30 October 2014 f. Awards and Decorations: AAM-2, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: The Article 15 issue on 14 February 2018, was not found in the available record; however the Record Of Supplementary Action Under Article 15, UCMJ, dated 5 March 2018, reflects the suspended portion of the punishment of forfeiture of $819 pay per month for two months imposed on 14 February 2018 was vacated because the applicant failed to report to his appointed place of duty on 4 March 2018. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214 for the period of service under review. 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 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 several 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 and valor; however, it did not support the issuance of an honorable discharge by the separation authority at the time of his discharge. The applicant seeks relief contending that he was discharged under false never proven allegations. He was a great Soldier while in the Army. Everything changed after he was hospitalized from November 2016 to January 2017. He was in the process of finishing his Medical Board when his commander told him he felt he didn't deserve anything so he tried to chapter him for over 8 months. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was discharge under false never proven allegations. Also, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive his GI Bill benefits and found decent employment. He contends that it has been beyond difficult to find employment and he cannot receive his GI Bill benefits although he did longer than 36 months active duty and completed one term of enlistment in good standing. He has to support his two children on his own and can't go to school with his GI Bill benefit that he earned nor find decent employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery 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 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 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 AR20190000667 1