AR20160015355

1. Applicants Name:

a. Application Date: 18 August 2016

b. Date Received: 19 September 2016

c. Counsel: None

2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable condition discharge to honorable and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of improving his job opportunities as a civilian. He contends that prior to the incident that led to his discharge he had no other issues of misconduct. He served his country through two wars and now he cannot get a job because of his discharge. There was no physical evidence of his misconduct yet he received an Article 15. He contends he has learned his lesson and continues to drive himself to do better.

In a records review hearing conducted at Warner Robins, GA on 17 November 2016, 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 / Under Other Than Honorable Conditions

b. Date of Discharge: 12 November 2014

c. Separation Facts:

(1) Date of Notification of Intent to Separate: 28 May 2014

(2) Basis for Separation: The applicant violated AR 600-20, para 4-14 by creating an adverse impact on discipline, authority, morale, or the ability of the command to accomplish its mission. The applicant committed adultery with a person not his wife and the applicant sent multiple inappropriate texts to Soldiers within his unit.

(3) Recommended Characterization: Under Other Than Honorable Conditions

(4) Legal Consultation Date: 29 May 2014

(5) Administrative Separation Board: Conditionally waived, 29 May 2014, contingent upon receiving a characterization of service or description of separation no less favorable than honorable.

On 26 June 2014, the separation authority disapproved the applicants conditional waiver and directed the applicants separation action be referred to an administrative separation board.

On 22 August 2014, the applicant was notified to appear before an administrative separation board and advised of his rights.

On 22 September 2014, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicants discharge with characterization of service of under other than honorable conditions.

(6) Separation Decision Date / Characterization: On 23 October 2014, the separation authority approved the recommendation of the administrative separation board and directed the applicants discharge with a characterization of service of under other than honorable conditions.

4. SERVICE DETAILS:

a. Date / Period of Enlistment: 21 September 2012 / 6 years

b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 109

c. Highest Grade Achieved / MOS / Total Service: E-6 / 74D20, Chemical Biological, Radiological and Nuclear (CBRN) Specialist / 8 years, 10 months, 16 days

d. Prior Service / Characterizations: RA, 27 December 2005 to 31 May 2007 / HD
RA, 1 June 2007 to 20 September 2012 / HD

e. Overseas Service / Combat Service: Germany, SWA / Iraq (17 September 2006 to
16 September 2007) and Afghanistan (22 November 2009 to 6 November 2010)

f. Awards and Decorations: ARCOM-4, AAM-2, AGCM-2, ACM-CS, ICM-CS, NDSM, NCOPDR, GWOTSM, ASR, OSR-3, NATOMDL, CAB

g. Performance Ratings: 27 March 2012 thru 26 March 2013, Among The Best
27 March 2013 thru 26 March 2014, Marginal

h. Disciplinary Action(s) / Evidentiary Record: AR 15-6 investigation findings and recommendation.

FG Article 15, dated 10 March 2014, for violating AR 600-20, para 4-14b by wrongfully having a relationship with SPC L., a Soldier of a different rank and compromising the integrity of his supervisory authority with his unit and wrongfully have sexual intercourse with SPC L., a woman not his wife (between 1 July 2013 and 1 January 2014). The punishment consisted of a reduction to E-5, forfeiture of $1,461 pay per month for two months, and 45 days extra duty (suspended).

Negative counseling statements for notification of non-judicial punishment for adultery and harassment and fraternization/inappropriate relationship, adultery, conduct unbecoming of a noncommissioned officer

i. Lost Time / Mode of Return: None

j. Diagnosed PTSD / TBI / Behavioral Health: NIF

5. APPLICANT-PROVIDED EVIDENCE: Online application; an NCO Evaluation Report, Service School Academic Evaluation Report; and certificates for course completions and awards.

6. POST SERVICE ACCOMPLISHMENTS: The applicant is in his last year of college majoring in Criminal Justice with a minor in Homeland Security Specialist.
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 under other than honorable conditions discharge to honorable and a change to his narrative reason for discharge. The applicants record of service, the issues and documents submitted with his application were carefully reviewed.

The record confirms the applicants 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 appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for misconduct (serious offense) is JKQ and the RE code is 3. The regulation further stipulates no deviation is authorized.

The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicants service mitigated the misconduct or poor duty performance.

The applicant contends that his discharge was the result of being wrongfully accused; however, he takes responsibility for his misconduct and has learned his lesson. The applicants 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 his discharge was the result of being wrongful accused.

He contends that prior to the incident that led to his discharge, he had no other issues of misconduct. He served his country through two wars and now he cannot get a job because of his discharge. The applicants 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 applicant expressed his desire for an upgrade of his discharge for the purpose of improving his job opportunities as a civilian. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities

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 applicants 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

a. The applicant submitted no additional documents or contentions.

b. Witness(es) / Observer(s): None

10. BOARD DETERMINATION: In a records review hearing conducted at Warner Robins, GA on 17 November 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable.

11. BOARD ACTION DIRECTED:

a. Issue a New DD-214: No

b. Change Characterization to: No Change

c. Change Reason to: No Change

d. Change SPD / RE Code to: No Change

e. Restore (Restoration of) Grade to: NA

AUTHENTICATING OFFICIAL:

COL, US ARMY
Presiding Officer
Army Discharge Review Board

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
AR20160015355

4