1. APPLICANT’S NAME:  

	a.	Application Date:  29 December 2014

	b.	Date Received:  6 February 2015

	c.	Counsel:  Yes

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade to honorable.  The applicant’s counsel, on his behalf states, in pertinent part and in effect, the applicant seeks relief based on his post-service accomplishments, and his ongoing Post-Traumatic Stress Disorder (PTSD) and medical treatments.  In a personal appearance review conducted at Arlington, VA, on 27 July 2015, 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 600-8-24, Paragraph 3-13 / DFS / NA / Under Other Than Honorable Conditions

	b.	Date of Discharge:  19 April 2008

	c.	Separation Facts:  

		(1)	Date Court-Martial Charges Preferred: 14 January 2008 

		(2)	Charges:  The applicant was charged with the following offenses:  

* Charge I, violation of Article 125, UCMJ:  committing sodomy without SPC B’s consent on 13 June 2007.

* Charge II, violation of Article 134, UCMJ:  
Specification 1: committing an indecent assault upon SPC B on 13 June 2007;
Specification 2: fraternizing with SPC B on 13 June 2007;
Specification 3: indecent exposure on 13 June 2007;
Specification 4: communicating a threat on 1 and 28 February 2005; and
Specification 5: communicating a threat on 13 June 2007 and 18 January 2008.

* Charge III, violation of Article 128, UCMJ:
Specification 1: assaulting Ms. M on 1 and 28 February 2005;
Specification 2: assaulting Ms. M on 1 and 31 December 2006;
Specification 3: assaulting Ms. M on 18 January 2008; and
Specification 4: assaulting SGT S on 18 January 2008.

* Charge IV, violation of Article 95, UCMJ: resisting arrest by armed forces policemen on 18 January 2008.


		(3)	Legal Consultation and Submission of Request for Resignation for the Good of the Service in Lieu of General Court-Martial:  31 January 2008  

		(4)	DA Ad Hoc Review Board Recommendation:  UOTHC

		(5)	Separation Decision Date/Characterization:  24 March 2008 / UOTHC

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  1 June 2004

	b.	Age at Enlistment/Education/GT Score:  40 / Master’s Degree / NA

	c.	Highest Grade Achieved/MOS/Total Service:  O-3 / 56A, Command/Unit Chaplain / 3 years, 10 months, 19 days
  
	d.	Prior Service/Characterizations:  None
  
	e.	Overseas Service/Combat Service:  SWA / Kuwait/Iraq (050820-060819)
  
	f.	Awards and Decorations:  MSM; ARCOM; NDSM; ICM; GWOTSM; ASR; OSR; MUC
  
	g.	Performance Ratings:  Yes
  
	h.	Disciplinary Action(s)/Evidentiary Record:  Charge Sheet outlined at the preceding paragraphs 3(c)(1) and (2).
  
	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  Yes, per applicant’s evidence

5.	APPLICANT-PROVIDED EVIDENCE: Counsel-authored statement; DD Form 214 for service under current review; previous ADRB decision, dated 12 March 2012; Army health records, dated 15 April 2008, civilian medical center health records, dated 27 May 2008 and 11 June 2008; legal representation agreements, dated 7 May 2008 and 23 June 2008; divorce document, dated 14 February 2009; Continued Health Care Benefit Program application, dated 18 April 2008; TRICARE certificate of creditable coverage, dated 29 April 2008; health care benefits billing statements; health care letter of coverage; medical examination, dated 6 May 2008; medical diagnosis and treatment history, dated 16 August 2013; medical records, dated 7 May 2008, 20 May 2008, 21 May 2008, 23 May 2008, 27 May 2008, 6 June 2008, 11 June 2008, 19 June 2008, 25 July 2008, and through 10 July 2012; psychiatric evaluations, dated 17 July 2008 and 9 January 2009; neuropsychiatry program letters, dated 5 May 2010 and 9 August 2013; voluminous educational employment documentation (labeled exhibits 25 through 72); 2008, 2009, 2010, 2011, 2012, and 2013 Income Tax return documents; State retirement and pension system; salary and benefits summary; applicant’s resume; eight character reference statements (labeled exhibits 82 through 88); state driving record, dated 9 September 2013; state criminal history record check, dated 15 April 2004; and CJIS and FBI fingerprint search, dated 16 April 2014.

6.	POST SERVICE ACCOMPLISHMENTS:  The counsel states, in effect, the applicant has modeled an exemplary civilian life both in character and profession.  He has received a number of 

awards recognizing his significant milestones and achievement throughout his post-service teaching career, and satisfactory/effective annual teacher evaluation reports.

7.  REGULATORY CITATION(S): Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officers.  Chapter 3, 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.  A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable.  An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct.  
8.	DISCUSSION OF ISSUE(S):  The applicant requests an upgrade to an honorable characterization of service.

The applicant’s record of service, and the issues and documents submitted with his application were carefully reviewed.  

The record confirms that 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 Army officers.  It brought discredit on the Army and was prejudicial to good order and discipline.  The applicant diminished the quality of his service below that meriting a general, under honorable conditions or an honorable discharge.  

The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance.  Further, the applicant’s record contains no evidence of arbitrary or capricious actions by the command.   

The applicant contends his request for an upgrade is based on his post-service accomplishments, and his ongoing PTSD and medical treatments.  

The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  In review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

Regarding his contention that he has an ongoing PTSD and medical treatments, a careful review of the entire record reveals that this medical condition also did not overcome the reason for discharge and characterization of service granted.  

In view of the foregoing, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and that the applicant was provided full administrative due process.  




9.	DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

The applicant submitted no additional documents or contentions.

10.  Observer:  Yes

In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing.

11.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  		No

	b.	Change characterization to:  	No Change

	c.	Change Reason to:  			No Change

	d.	SPD/RE Code Change to:  		No Change

	e.	Restoration to Grade:  		NA


Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board
















Legend:
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	 	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20150002132

3