1. Applicant's Name: a. Application Date: 18 December 2015 b. Date Received: 28 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he believes his AWOL was understandable. His wife had taken his son, who was sick at the time, and would not allow the applicant to visit him. So, the applicant decided to leave his unit to see his son. The applicant delayed his return to his unit because while he was visiting his son, someone burned down his apartment. The applicant feared he would be blamed for the fire. After he was cleared by the county fire marshal for the fire, he returned to his unit. Two months following his discharge, the applicant's son passed away. In a records review conducted at Arlington, VA on 3 March 2017, 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: Misconduct (AWOL) / AR 635-200 / Chapter 14-12c(1) / JKD / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 17 September 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 August 2008 (2) Basis for Separation: The applicant was AWOL on two occasions for 50 days. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 14 August 2008 (5) Administrative Separation Board: Unconditionally waived, 14 August 2008 (6) Separation Decision Date / Characterization: 11 September 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 December 2016 / 4 years b. Age at Enlistment / Education / GT Score: 32 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 3 years, 9 months, 29 days d. Prior Service / Characterizations: RA, 28 September 2004 to 11 December 2006 / HD e. Overseas Service / Combat Service: SWA / Iraq (24 September 2005 to 23 September 2006) f. Awards and Decorations: AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Four Personnel Action forms reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 3 June 2008 From "Dropped From Rolls (DFR)" to "PDY," effective 18 July 2008 From "PDY" to "AWOL," effective 28 December 2007 From "AWOL" to "PDY," effective 4 January 2008 FG Article 15, dated 25 July 2008, for being AWOL (between 28 December 2007 to 4 January 2008 and 3 June 2008 to 18 July 2008). The punishment consisted of a reduction to E-1; forfeiture of $337 pay per month for two months; extra duty and restriction for 45 days; and, Oral Reprimand. Report of Mental Status Evaluation, dated 7 August 2008, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: 50 days (AWOL, 28 December 2007 to 3 January 2008 and 3 June to 17 July 2008) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. 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 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 3 March 2017, 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: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160000501 1