1. APPLICANT’S NAME: a. Application Date: 15 April 2015 b. Date Received: 17 April 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant states, in effect, his discharge was the result of an ultimatum from his wife to be home with her or continue to be away and she will leave him. She told him she felt lost, confused, and needed him to be present or their relationship would be over. He contends he spoke with his Drill Sergeant and was told nothing could be done for him; however he was advised if he chose to go AWOL he should wait until he went to AIT. Once arriving at AIT he was told again nothing could be done to help him. He then decided to go AWOL. He believes he was deceived by his Drill Sergeant and mislead into going AWOL when he could have been administratively discharged for failure to adapt and given a characterization of service of “uncharacterized.” He believes his discharge should be upgraded based on the presence of unusual circumstances, involving personal conduct and performance of duty. In a personal appearance review conducted at Arlington, Virginia on 11 January 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: In Lieu of Trial by Court-Martial/AR 635-200, Chapter 10/KFS/RE-4/Under Other Than Honorable Conditions b. Date of Discharge: 21 September 2001 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 May 2000 (2) Basis for Separation: The applicant was informed of the following reason: going AWOL on 18 April 2000 and returning on 22 May 2000 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 25 May 2000 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 9 August 2001/Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 26 January 2000/4 years b. Age at Enlistment/Education/GT Score: 19 years/HS Graduate/102 c. Highest Grade Achieved/MOS/Total Service: E-2/None/6 months and 22 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: The applicant’s record of service indicates 34 days of time lost for going AWOL from 18 April 2000 until his return on 21 May 2000. The DD Form 214 also includes 484 days of excess leave for the period of 26 May 2000 to 21 September 2001 j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Orders 262-0172, dated 19 September 2001; DA Form 2-1 (Personnel Qualification Record-Part II) separation packet; letters of support, and a copy of his DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is currently a restaurant manager for a local restaurant. 7. REGULATORY CITATION(S): Chapter 10 outlines procedures for separating a Soldier in lieu of trial by court-martial. Paragraph 10-1 states a Soldier who has committed an offense or offenses, the punishment of which under the UCMJ and the Manual for Courts-Martial includes a bad conduct or dishonorable discharge, may submit a request for discharge in lieu of trial by court-martial. It also allows for such a request to be submitted after court-martial charges are preferred, or where required after referral, until final action by the court-martial convening authority; or when a Soldier is under a suspended sentence of a punitive discharge. The request does not prevent or suspend disciplinary proceedings. Paragraph 10-8 states a discharge under other than honorable conditions is normally appropriate for a Soldier who is discharged in lieu of trial by court-martial; however, a general discharge may be directed if merited by the Soldier’s overall record during the current enlistment. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant’s record of service, the documents and the issues submitted with the application were carefully considered. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. 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 discharge received by the applicant 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. The applicant seeks relief contending, his discharge was the result of his concern for his wife and their marriage. He also contends he received advice from his Drill Sergeant who he now believes deceived him. 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 he was advised by his Drill Sergeants to go AWOL. Furthermore, he had many legitimate avenues through which to obtain assistance or relief, the record of evidence does not demonstrate he sought relief through his command or the numerous Army community services like the, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: The applicant submitted no additional documents or contentions. 9. 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 Grade to: N/A AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150006925 4