1. APPLICANT’S NAME: a. Application Date: 5 February 2014 b. Date Received: 17 August 2015 c. Counsel: Yes 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of her discharge from uncharacterized to general, under honorable conditions or honorable and to change the narrative reason for her discharge. The applicant states, in pertinent part and in effect, an upgrade or changes to her discharge would allow her to enlist in the military. Her discharge was inequitable because she was never on active duty or served any time in the military. She never reported for basic training because she wanted to finish the school she was enrolled in. She was in the delayed entry program and felt her report date should have been changed to a later date. Receiving a reentry code 4 has immensely affected her future in obtaining a career. She adds she regrets the biggest mistake of her life. She was young and naïve, and did not realized that decision would affect the rest of her life. She has since worked in a security field, and developed a strong work ethic from a core set of values. In a personal appearance hearing conducted at Arlington, VA on 21 March 2016, and by a 3-2 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 / Uncharacterized b. Date of Discharge: 21 April 2006 c. Separation Facts: (1) DD Form 458, Charge Sheet: On 1 December 2005, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 27 September 2005 through 21 November 2005. (2) Basis for Separation: Pursuant to the applicant’s request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (3) Recommended Characterization: Uncharacterized discharge (4) Legal Consultation Date: 2 December 2005 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 22 March 2006 / Uncharacterized discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 26 September 2005 / 3 years, 27 weeks b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-1 / None / 5 months, 1 day d. Prior Service/Characterizations: None / 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). Report of Return of Absentee, dated 22 November 2005, indicates the applicant surrendered to military authorities on 22 November 2005. DA Form 4187, Personnel Action, dated 6 December 2005, indicates the applicant’s duty status changed from DFR to PDY, effective 21 November 2005. Memorandum, dated 1 December 2005, subject: AWOL/Deserter Returnee Interview Report, indicates the reason for the applicant going AWOL was due to personal problems, and that she never reported to basic training and was scared to go to Iraq. i. Lost Time: 56 days (AWOL: 27 September 2005-21 November 2005) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Self-authored statement; DD Form 214 for service under current review; five character reference statements; certificate of course completion, dated 18 November 2005; and NPRC letter, dated 26 September 2013. 6. POST SERVICE ACCOMPLISHMENTS: None. 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 the characterization of her discharge from uncharacterized to general, under honorable conditions or honorable and to change the narrative reason for her discharge. The applicant’s record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. It also shows that after consulting with defense counsel, the applicant 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 applicant seeks relief contending, an upgrade or changes to her discharge would allow her to enlist in the military. Her discharge was inequitable because she was never on active duty or served any time in the military. She never reported for basic training because she wanted to finish the school she was enrolled in. She was in the delayed entry program and felt her report date should have been changed to a later date. Receiving a reentry code 4 has immensely affected her future in obtaining a career. She adds she regrets the biggest mistake of her life. She was young and naïve, and did not realized that decision would affect the rest of her life. She has since worked in a security field, and developed a strong work ethic from a core set of values. The applicant’s contentions were carefully considered. However, the applicant’s service was uncharacterized because she was in entry-level status (ELS) and there are no unusual circumstances present in the applicant’s record and her service did not warrant an honorable discharge. An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. A general, under honorable conditions discharge is not authorized under ELS conditions. Army Regulation 635-200 states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. The applicant desires to rejoin the military service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4. There are no basis upon which to grant a change to the reason or to the RE code. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. The applicant contends that she was young and naïve. 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 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: 1. The applicant submitted the following additional documents: a. Enlistment packet (11 pages) b. High School transcript (1 page) c. College transcript (2 pages) d. Death certificates (2 pages) e. Resume (2 pages) 2. The applicant presented no additional contentions. 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. 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: No 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 AR20150013926 1