1. Applicant's Name: a. Application Date: 1 February 2019 b. Date Received: 4 February 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his discharge was inequitable, with supporting documentation demonstrating that if he had not been tried by court-martial and exited the Army of his own accord, his characterization of service would be considered honorable. His discharge does not fully encapsulate the character of his service to the nation. An honorable characterization of service will afford him the chance to pursue greater opportunities. In a records review conducted on 5 May 2021, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. Please see Section 9 of this document for more detail regarding the Board's decision (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: In Lieu of Trial by Court Martial / AR 600-8-24, Paragraph 3-13 / DFS / NA / General (Under Honorable Conditions) b. Date of Discharge: 30 October 2015 c. Separation Facts: Yes (1) Date Charges Were Preferred: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: On 11 December 2014, The Commanding General, DA, Headquarters, 1st Cavalry Division (Rear) (Provisional), Fort Hood, Texas, recommended disapproval of the applicant's request for resignation for the good of the service in lieu of trial by court-martial. Contrary to the applicant's pleas, an officer panel found him guilty of fraternizing with a Private and of committing a violent crime against a fellow officer. The officer panel sentenced him to forfeit all pay and allowances, to be confined for 30 days and to be dismissed from the service. (4) Legal Consultation Date: 18 November 2013, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army for the good of the service under the provisions of AR 600-8-24, chapter 3, paragraph 3-13. The applicant did not desire to appear before a court-martial or board of officers. (5) Administrative Separation Board /BOI: None (6) Separation Decision Date / Characterization: On 9 October 2015, The Department of the Army Ad Hoc Review Board reviewed his Resignation for the Good of the Service in Lieu of General Court-Martial tendered by the applicant. The Deputy Assistant Secretary (Army Review Boards) accepted his resignation and he was discharged from the US Army with a General (Under Honorable Conditions) characterization of service. The Deputy Assistant Secretary (Army Review Boards) further directed the entire court-martial proceedings, both findings and sentence, if any, be vacated. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 May 2010 / NIF b. Age at Enlistment / Education / GT Score: 23 / BS Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-2 / 13A, Field Artillery / 6 years, 4 months, 20 days / Block 12c on the applicant's DD Form 214, net active service this period is incorrect, should read as annotated in the Case Report and Directive to account for prep school service. d. Prior Service / Characterizations: USAR / USMA Prep School 15 July 2005 to 25 June 2006 / HD Appointed 2LT / RA, 22 May 2010 / NA e. Overseas Service / Combat Service: SWA / Iraq, 1 June 2011 to 31 December 2011 and Kuwait, to 16 June 2012, complete date is NIF. f. Awards and Decorations: ARCOM, NDSM, ICM-CS, GWOTEM, GWOTSM, ASR, OSR-2, MUC g. Performance Ratings: 1 April 2011 to 1 May 2013, Best Qualified 2 May 2013 to 1 May 2014, Qualified h. Disciplinary Action(s) / Evidentiary Record: General Court-Martial, dated 4 April 2014, revealed the applicant was found guilty of the following offenses; unlawfully grab 1LT M.J.W., on the neck with his hands (13 April 2013); knowingly fraternize with PV2 R.L.R., an enlisted person, on terms of military equality, by hosting PV2 R.L.R., in his home and drinking alcoholic beverages with him, in violation of the custom of the United States Army that officers shall not fraternize with enlisted persons on terms of military equality, 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 (22 March 2013). He was sentenced to 30 days of confinement, total forfeiture of pay and allowances and a dismissal. Report of Mental Status Evaluation, dated 14 May 2015, reflects the applicant was screened for PTSD and TBI. These conditions are either not present or. If present, did not meet AR 40-501 criteria for a medical evaluation board. There is no current evidence of mental disease or defect. At this time, he does not meet any diagnostic criteria as defined by the DSM-V. the applicant possessed sufficient mental capacity to participate intelligently in any administrative proceedings deemed necessary or appropriate by the Command or separation authority. There is no evidence of defect in judgment or moral reasoning which would cause the applicant an inability to demonstrate any deficiencies in fully understating right from wrong, be responsible for his actions as well as display lapses in moral reasoning and judgement. He was psychologically cleared for any administrative proceedings. i. Lost Time / Mode of Return: None / Applicant had 489 days of excess leave, 29 June 2014 to 30 October 2015. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Exhibit I: Final OER; Exhibit II: Request for Reconsideration - Resignation in Lieu of Court-Martial; Exhibit III: Deputy Assistant Secretary of the Army (Army Review Boards) Decision Memorandum; Exhibit IV: Separation Order; Exhibit V: FY13 Captain Selection List; Exhibit VI: West Point Outreach Admissions Officer Offer Letter; Exhibit VII: West Point Degree; Exhibit VIII: DD 214; and Exhibit IX: Current Resume. Exhibit II, Enclosure 6 includes sub-enclosures (Officer Record Brief, Letters of Support, Request for Dismissal of Charge - lLT W., Army Commendation Medal Award, Additional Skill Identifier Award, Promotion Orders (lLT), Academic Transcript, Officer Evaluation Reports (3); General Officer Support Statement and six other support statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states since his discharge he obtained his certification as a personal trainer. He will be joining the ranks of CSX Transportation as an Engineering Management Trainee; and until that time, he will continue substitute teaching in his local school district. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. (1) Paragraph 1-23, provides the authorized types of characterization of service or description of separation. (2) Paragraph 1-23a, states an officer will normally receive an honorable characterization of service when the quality of the officer's service has met the standards of acceptable conduct and performance of duty, or the final revocation of a security clearance under DODI 5200.02 and AR 380-67 for reasons that do not involve acts of misconduct for an officer. (3) Paragraph 1-23b, states an officer will normally receive a general (under honorable conditions) characterization of service when the officer's military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Paragraph 1-23c, states a discharge under other than honorable conditions is an administrative separation from the service. A discharge certificate will not be issued. An officer will normally receive an under other than honorable conditions when he or she: Resigns for the good of the Service; is dropped from the rolls (DFR) of the Army in accordance with paragraph 5-9; (3) is involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance under DODI 5200.02 and AR 380-67 as a result of an act or acts of misconduct, including misconduct for which punishment was imposed; and, is discharged following conviction by civilian authorities. (5) Chapter 3 prescribes the tasks, rules, and steps for processing voluntary resignations. Except as provided below, any officer of the Active Army or USAR may tender a resignation under provisions of this chapter. The Secretary of the Army or his designee may accept resignations and orders will be issued by direction of the CG, HRC. An officer whose resignation has been accepted will be separated on the date specified in DA's orders or as otherwise directed by the DA. An appropriate discharge certificate as specified by the CG, HRC, will be furnished by the appropriate commander at the time the officer is separated. The date of separation, as specified or directed, will not be changed without prior approval of HQDA nor can valid separation orders be revoked subsequent to the specified or directed date of separation. Except when resignation is under section VI of this chapter, USAR officers in an AGR status or on ADT, ADSW, TTAD and Soldiers on AD pursuant to 10 USC 12304 (Presidential Selected Reserve) will request resignations under the provisions of AR 135-175. Before such a request is submitted, they must be released from their AD status. (6) Paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial. (7) Paragraph 3-i. An officer separated under this paragraph normally receives characterization of service of under other than honorable conditions. b. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "DFS" as the appropriate code to assign Officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 3-13, in lieu of trial by court-martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The record indicates the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge. The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3, AR 600-8-24. The appropriate authority approved the applicant's request with issuance of an General (Under Honorable Conditions) characterization of service. The applicant did not desire to appear before a board of officers. The applicant seeks relief contending, his discharge was inequitable, with supporting documentation demonstrating that if he had not been tried by court-martial and exited the Army of his own accord, his characterization of service would be considered honorable. The applicant further contends his discharge does not fully encapsulate the character of his service to the nation. The applicant additionally contends; an honorable characterization of service will afford him the chance to pursue greater opportunities. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The General Officer Support Statement, revealed he was the applicant's unofficial mentor and met him while he was the Commandant of Cadets at the United States Military Academy between 2006-2007. He further stated the applicant was the oldest of three children and had a difficult past. One month after graduation from West Point his stepfather disappeared and the applicant took on the role as head of household. However, this statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes, The ADRB's Medical Advisor, a voting member of the Board, reviewed the applicant's DOD and VA health records. The applicant held an in-service diagnosis of Adjustment Disorder. Post-service, he is service connected for combat related PTSD. (2) Did the condition exist or experience occur during military service? Yes, the applicant held an Adjustment Disorder diagnosis while a cadet. Post-service, the VA has determined that the applicant's combat related PTSD is connected to his service. (3) Does the condition or experience actually excuse or mitigate the discharge? No, While liberal consideration was applied, fraternization and committing a violent crime against a fellow officer is not excused or mitigated by Adjustment Disorder or PTSD. Neither of these diagnoses lead to the inability to understand right from wrong, so the applicant would have understood that his misconduct was incorrect. PTSD is expected to manifest in terms of impulsive behaviors or avoidant behaviors; violence against fellow officers and inviting a junior enlisted Soldier to visit and drink do not fall in this category. (4) Does the condition or experience outweigh the discharge? No. Despite the ADRB's application of liberal consideration, the Board determined that the applicant's violent crime and fraternization offenses outweighed the applicant's PTSD and Adjustment Disorder diagnoses. The applicant choked a fellow officer and fraternized with a junior enlisted Soldier. The ADRB found the applicant's behavioral health diagnoses do not outweigh the severity of the misconduct that resulted in the less than honorable discharge characterization. b. Response to Contentions: (1) The applicant seeks relief contending, his discharge was inequitable, with supporting documentation demonstrating that if he had not been tried by court-martial and exited the Army of his own accord, his characterization of service would be considered honorable. The ADRB carefully considered this contention, but because the applicant was tried and convicted by court martial, which would have resulted in his dismissal from service, and then submitted a voluntary and knowing Resignation for the Good of the Service in Lieu of General Court-Martial, a General (under honorable conditions) discharge was appropriate. (2) The applicant further contends his discharge does not fully encapsulate the character of his service to the nation. Army Regulation 600-8-24, paragraph 1-22 provides that an honorable characterization is appropriate when the quality of the member's service has met the standards of acceptable conduct and performance of duty for Army personnel. The ADRB determined that the applicant's conviction for fraternization and assault rendered his overall service less than honorable. The ADRB found that applicant's conduct did not meet the standards of acceptable conduct for an officer. (3) The applicant additionally contends an honorable characterization of service will afford him the chance to pursue greater opportunities. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. c. The Board denied the request upon finding the separation was both proper and equitable. The Board determined that the documentation contained in the AMHRR, as well as evidence submitted by the applicant, and the available medical evidence did not support a finding that the applicant's discharge was improper or inequitable. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because, despite applying liberal consideration, there were no mitigating factors to consider to counter the seriousness of the applicant's offenses of violent crime against and officer and fraternization, the severity of the misconduct was not outweighed by the diagnosed behavioral health conditions, and 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. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, and the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma NA - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Reentry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190003642 7