1. Applicant’s Name: a. Application Date: 3 June 2015 b. Date Received: 8 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. Therefore, the Army Discharge Review Board would consider the applicant for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28, to an honorable discharge. The applicant seeks relief contending, in pertinent part and in effect, he was young and made some mistakes. His mother was sick and he had to take care of her—time slipped away from him. When he came to his senses, he tried contacting the Army three times to work things out. He has been a model citizen. He obtained full time employment and has been very active in his community. He attends church and volunteers with the local county youths. In a records review conducted at Arlington, VA on 31 August 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: 26 September 2011 c. Separation Facts: (1) Charge Sheet Preferral Date and Charge(s): Undated and being AWOL from 10 July 1997 through 4 March 2011, violation of Article 86, UCMJ. (2) Basis for Separation: Pursuant to the applicant’s request for discharge in lieu of trial by court-martial under the provisions of AR 635-200, Chapter 10, dated 19 May 2014. (3) Recommended Characterization: Under Other Than Honorable Conditions discharge (4) Legal Consultation Date: 9 March 2011 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 9 September 2011 / Under Other Than Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 18 July 1996 / 3 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-2 / 92Y10, Unit Supply Specialist / 1 year, 6 months, and 14 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Drafted Charge Sheet without a preferral, but indicates an SCM receipt date of 8 August 1997 with a charge of desertion from 10 July 1997 until 8 August 1997, and an AWOL charge from 10 July 1997 until 8 August 1997. DA Form 4187 (Personnel Action), dated 9 February 2011 (sic), indicates the applicant’s duty status changed from DFR to attached/PDY, effective 4 March 2011. Discharge Orders, dated 15 September 2011. i. Lost Time: 4,986 days (AWOL, 18 July 1997 - 4 March 2011) 200 days from (Excess Leave, 11 March 2011 - 26 September 2011) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 3 June 2015, with DD Form 214; two character reference statements; and applicant’s request for discharge in lieu of trial by court-martial, undated. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has been a model citizen, with full time employment, an active member in his community by attending church and volunteering with the local county youths. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Board would consider the applicant for a possible upgrade from under other than honorable conditions to honorable as instructed, in pertinent part, by DoDI 1332.28, which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant’s record of service, and the issues and documents submitted with his application were carefully reviewed. 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 and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends that he was having family issues and returned home to take care of his sick mother. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 31 August 2016, 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 SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150009992 1