1. APPLICANT’S NAME: a. Application Date: 9 June 2015 b. Date Received: 13 June 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade to honorable. The applicant states, in effect, he was informed he could apply for an upgrade six months after his discharge. In a records review conducted at Arlington, VA on 31 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 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 15 August 2013 c. Separation Facts: (1) DD Form 458, Charge Sheet: The following charge with two specifications of violating Article 86, UCMJ, was preferred on 2 May 2013: * Specification 1: for being AWOL from 8 May 2012 through 22 August 2012, and * Specification 2: for being AWOL from 27 August 2012 through 12 April 2013. (2) Basis for Separation: Pursuant to applicant’s request for discharge under the provisions of Chapter 10, In Lieu of Trial by Court-Martial. (3) Recommended Characterization: Chain of Command recommended approval. (4) Legal Consultation Date: Request submitted 16 July 2013. (5) Administrative Separation Board: No (6) Separation Decision Date/Characterization: 26 July 2013, UOTHC 4. SERVICE DETAILS: a. Date/Period of Enlistment: 3 October 2009 / 5 years b. Age at Enlistment/Education/GT Score: 25 / HS Graduate / 108 c. Highest Grade Achieved/MOS/Total Service: E-5 / 12N1P, Horizontal Construction Engineer / 5 years, 5 months, 27 days d. Prior Service/Characterizations: RA (21 March 2007 – 2 October 2009) / HD e. Overseas Service/Combat Service: SWA / Iraq (NIF) f. Awards and Decorations: AAM-2; AGCM; NDSM; ICM-CS; GWOTSM; ASR; CAB g. Performance Ratings: Yes h. Disciplinary Action(s)/Evidentiary Record: * Memorandum for Record, dated 21 June 2013, subject: [the applicant] prior to receipt of referred charges indicates the applicant was reported AWOL on 18 June 2013. * Charge Sheet described at the preceding paragraph 3c(1). * Report of Return of Absentee, dated 10 April 2013, indicates he surrendered to military authorities on 5 April 2012, upon being reported as a deserter and absence beginning 27 August 2012. * Five Personnel Actions for statuses changing from AWOL to PDY, effective 22 August 2012; PDY to AWOL, effective 27 August 2012; AWOL to DFR, effective 26 September 2012; DFR to PDY, effective 5 April 2013; and PDY for Confinement, effective 2 July 2013. * FG Article 15, dated 14 March 2012, for wrongfully borrowing money from junior and subordinate Soldiers on divers occasions (17 February 2012-22February 2012). The punishment consisted of a reduction to E-4; forfeiture of $1,133 (suspended) and 45 days of extra duty. i. Lost Time: 332 days, AWOL j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 ISSUE(S): The applicant seeks relief contending he was informed he could apply for an upgrade six months after his discharge. The evidence of record confirms he was charged with the commission of an offense punishable under the UCMJ with a punitive discharge and after consulting with defense counsel, he voluntarily requested discharge for the good of the service in lieu of trial by court-martial. 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 characterization he received 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 and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant’s issue about an upgrade based on the time that has elapsed since the discharge was carefully considered. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 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 the applicant was provided full administrative due process. 9. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: 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: No Change Authenticating Officer: COL, US ARMY Presiding Official 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 AR20140010291 1