1. Applicant's Name: a. Application Date: 31 January 2019 b. Date Received: 4 February 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, in addition to an upgrade, the applicant requests a DD Form 214 for his period of honorable service from 19 May 2003 to 18 November 2014. 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 PTSD, trauma unknown. The applicant is 70% service connected for PTSD. While liberal consideration was applied, the basis for separation is not a natural progression or normal sequela of PTSD. Accordingly, an upgrade is not recommended. 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 6 January 2021, 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: 7 February 2018 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 28 November 2017, the applicant was charged with: Charge I: Violation of Article 80, UCMJ: the specification, the applicant did, on or about 16 August 2017, attempt to commit a sexual act upon Private [redacted]by attempting to cause penetration Private's [redacted] vulva with his finger and tongue by using unlawful force with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person. Charge II: Violation of Article 120, UCMJ: Specification 1: The applicant did, on or about 16 August 2017, commit a sexual act upon Private [redacted] by causing penetration of Private's [redacted] mouth with his tongue by threatening or placing her in fear with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person. Specification 2: The applicant did, on or about 16 August 2017, touch Private [redacted], directly or through the clothing, the navel, genitalia, neck, breast, and buttocks of Private [redacted] by using unlawful force against her with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person. Charge Ill: Violation of Article 92, UCMJ: The Specification: The applicant did, on or about 16 August 2017, fail to obey a lawful general regulation, to wit: paragraph 2-5, Army TRADOC Regulation 350-6; dated 20 March 2017, by wrongfully transporting Private [redacted] in his personally owned vehicle to his personal residence. (2) Legal Consultation Date: 11 December 2017 (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: 19 January 2018 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 November 2014 / Indefinite b. Age at Enlistment / Education / GT Score: 31 / Associate's Degree / 116 c. Highest Grade Achieved / MOS / Total Service: E-6 / 91X30, 8R Maintenance Supervisor / 14 years, 8 months, 19 days d. Prior Service / Characterizations: RA, 19 May 2003 - 1 February 2005 / HD RA, 2 February 2005 - 27 November 2008 / HD RA, 28 November 2008 - 23 March 2011 / HD RA, 24 March 2011 - 25 November 2012 / HD RA, 26 November 2012 - 18 November 2014 / HD e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (28 February 2014 - 14 April 2014); Iraq (5 November 2007 - 22 January 2009 / 28 January 2010 - 13 September 2010) f. Awards and Decorations: ARCOM-3, AAM-8, MUC, AGCM-4, NDSM, GWOTSM, KDSM, ICM-CS, NCOPDR-3, ASR, OSR-3, NATOMDL g. Performance Ratings: 7 September 2014 - 6 September 2015 / Among The Best 6 September 2015 - 18 July 2016 / Qualified 19 July 2016 - 18 July 2017 / Qualified h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Law Enforcement Report - SIR/ Final, dated 1 March 2018, reflects the Trial Counsel opined probable cause existed to believe the applicant committed the offense of sexual assault. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149. 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 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 requests a discharge certificate for his other periods of honorable service. The creation of discharge certificates is not within the purview of the Army Discharge Review Board. A copy of the appropriate discharge certificate may be acquired by submission of a Standard Form 180 (obtained online or from a local military installation) to the applicable address: Former active duty Army and Reserve Personnel: National Personnel Records Center (Military Personnel Records), 9700 Page Boulevard, St Louis, MO 63132. Former National Guard personnel: contact the State National Guard Office for assistance. The National Personnel Records Center will not recreate a lost, stolen, or misplaced certificate of discharge. The Center will only create an initial certificate for personnel who have not previously received a certificate of discharge. The applicant contends that he had good service which included three combat tours. 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 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 6 January 2021, 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 / 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 AR20190003621 1