1. Applicant's Name: a. Application Date: 28 January 2019 b. Date Received: 22 February 2019 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, that the discharge was based on multiply discrepancies and conflicts of interest among high ranking NCO's. 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 Alcohol Abuse, Antisocial Personality Disorder, and Cannabis Dependence. The applicant is 30% service-connected for non-BH diagnoses from the VA. The VA has also diagnosed the applicant with ADHD, Opioid Dependence, Adult Antisocial Behavior, Bipolar Disorder, and Alcohol Dependence. 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 13 May 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-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 April 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 March 2006 (2) Basis for Separation: The applicant was informed of the following reasons: for failing to go to his appointed place of duty on 8 November 2005; Wrongfully have sexual intercourse with J.A.B., a women not his wife on 31 December 2005; With intent to deceive, made to Investigator M.S., an official statement, to wit: No, Nick and I were not involved in any sexual act with the females inside his room, with statement was totally false and was then known by him to be so false on 31 December 2005; and Disobeying a lawful command from Captain P.M., his superior commissioned officer, that his off-post pass privileges had been revoked, or words to that effect, did, on or about 6 January 2006, willfully disobey the same. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 March 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 March 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 April 2005 / 3 years b. Age at Enlistment / Education / GT Score: 17 / GED / 97 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B1P, Infantryman / 11 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Italy / None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CID Report, dated 3 January 2006, which indicates the applicant was the subject of investigation for Rape and Making a False Official Statement. CID Report, dated 13 January 2006, which indicates the applicant was the subject of investigation for Rape (Unfounded) and Making a False Official Statement. Summary Court-Martial, dated 18 January 2006, for violation of Article 86, Article 134, Article 107, and Article 90 UCMJ. The punishment consisted of confinement for 30 days and forfeiture of $713.00 Confinement Order, dated 25 January 2006. Report of Mental Status Evaluation, dated 10 March 2006, which indicates the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. It was recommended for expeditious discharge from active duty due to a chronic risk of harm of others or self. i. Lost Time / Mode of Return: Military Confinement 24 days (25 January 2006 to 17 February 2006), result of Summary Court-Martial action. 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 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 upgrade 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 his discharge was based on multiply discrepancies and conflicts of interest among high ranking NCO's. The applicant's contentions were noted; however, the service record indicates the applicant committed discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's 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 13 May 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 AR20190004242 1