1. APPLICANT’S NAME: a. Application Date: 22 July 2015 b. Date Received: 24 July 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his discharge from under other than honorable conditions to uncharacterized and to change the narrative reason for his discharge. The applicant states, in pertinent part and in effect, his discharge will not allow him to work for the federal government and some state agencies, or to reenter the armed services. He fully accepts responsibility for his actions. He was an immature young punk. Since his discharge, he held the same job for many years and worked his way up to a vice president position. This discharge and its punishment is what he deserved back then. However, so many years later, he is a different person. After so many years of doing the right thing, having a family, showing he is stable, and accepting of his previous actions, he requests changes to his DD Form 214 and reentry code. The changes would allow him to rejoin his previous unit with the Army National Guard. In a records review hearing conducted at Arlington, VA on 23 May 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: 7 November 2001 c. Separation Facts: (1) DD Form 458, Charge Sheet: On 21 June 2000, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 24 March 2000 until 16 June 2000. (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: Under Other than Honorable Conditions discharge (4) Legal Consultation Date: 21 June 2000 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 8 October 2001 / Under Other than Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 18 January 2000 / IADT for 18 weeks or upon completion of basic and MOS training b. Age at Enlistment/Education/GT Score: 20 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-3 / None / 1 Year, 6 months, 26 days d. Prior Service/Characterizations: ARNG (30 November 1999-17 January 2000) / NA e. Overseas Service/Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Charge Sheet described at the preceding paragraph 3c(1). The applicant’s self-authored statement to the court-martial convening authority, dated 20 June 2000. DA Form 4187, Personnel Action, dated 24 March 2000, indicates the applicant’s status changed from PDY to AWOL, effective 24 March 2000. DA Form 4187, Personnel Action, dated 23 April 2000, indicates the applicant’s status changed from AWOL to DFR, effective 23 April 2000. Report of Return of Absentee, dated 16 June 2000, indicates the applicant surrendered to military authorities on 16 June 2000. i. Lost Time: 84 days (AWOL from 24 March 2000 until he surrendered to military authorities on16 June 2000) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online applicant with DD Form 214 for service under current review; NGB Form 22 with discharge date of 22 April 2000; applicant’s list of accomplishments, dated 22 July 2015; three character reference/supporting statements; and the applicant’s self-authored statement to the Board. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he held the same job for many years and worked his way up to a vice president position. 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. 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 ISSUE(S): The applicant requests an upgrade of his discharge from under other than honorable conditions to uncharacterized and to change the narrative reason for his discharge. The applicant’s record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms 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. The applicant seeks relief contending, his discharge will not allow him to work for the federal government and some state agencies, or to reenter the armed services. He fully accepts responsibility for his actions. He was an immature young punk. Since his discharge, he held the same job for many years and worked his way up to a vice president position. This discharge and its punishment is what he deserved back then. However, so many years later, he is a different person. After so many years of doing the right thing, having a family, showing he is stable, and accepting of his previous actions, he requests changes to his DD Form 214 and reentry code. The changes would allow him to rejoin his previous unit with the Army National Guard. The applicant contends his discharge will not allow him to work for the federal government and some state agencies. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. The applicant requests a change to the characterization of his service in order to rejoin the Army. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. Further, AR 635-5-1 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 further stipulates that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. The regulation further stipulates that no deviation is authorized. 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: 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: NA 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 AR20150012647 1