1. Applicant's Name: a. Application Date: 11 February 2016 b. Date Received: 19 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, his discharge shows as a felony, he cannot obtain employment, he cannot receive VA mental health assistance, and he would like to attend school. The applicant states that he is married and his wife is trying to handle most of the family matters, which is causing a problem. The applicant states that he was in civilian confinement for almost a year until they learned he was the wrong person, while also being counted as AWOL during this period. In a records review conducted at Arlington, VA on 24 May 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / (Under Other Than Honorable Conditions) b. Date of Discharge: 7 January 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 March 2012 (2) Basis for Separation: The applicant was AWOL twice (13 October 2010 until 7 January 2011) and (9 January 2011 until 15 September 2011). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 March 2012 (5) Administrative Separation Board: Conditionally waived contingent upon him receiving a characterization of service or description of separation no less than general (under honorable conditions). On 7 June 2012, the separation approving authority disapproved the request to conditionally waive his administrative separation board in exchange for a general (under honorable conditions) discharge. On 9 October 2012, the applicant unconditionally waived consideration of his case by an administrative separation board. On 12 October 2012, the applicant again consulted with legal counsel and related that he did not intend to unconditionally waive his board, and that he did not know what he was signing when he signed the unconditional waiver. (6) Separation Decision Date / Characterization: 7 December 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 February 2010 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 4 years, 1 month, 29 days d. Prior Service / Characterizations: USAR, 10 December 2007 to 27 May 2008 / NA IADT, 28 May 2008 to 2 August 2008 / NA USAR, 3 August 2008 to 29 June 2009 / NA ADT, 30 June 2009 to 10 September 2009 / HD USAR, 11 September 2009 to 24 February 2010 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: (Per the Commander's Report) FG Article 15, dated 2 February 2012, for being AWOL twice (13 October 2012 [sic] to 7 January 2011) and (9 January 2011 to 15 September 2011). The punishment imposed was a reduction to E-1; forfeiture of $745 pay for two months, extra duty and restriction for 45 days and an oral reprimand. i. Lost Time / Mode of Return: 328 days 55 days (AWOL, 13 October 2012 to 7 January 2011) / apprehended by civilian authorities 246 days (AWOL, 9 January 2011 to 14 September 2011) / 27 days (Civilian confinement, 9 December 2010 to 6 January 2011) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; statement of service; Berkeley County Public Defender, Inc. document and an Office of the Solicitor Ninth Judicial Circuit Court document. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends that his discharge shows as a felony and he cannot obtain employment. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant further contends, he cannot receive VA mental health assistance and he would like to attend school. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant also contends, he is married and his wife is trying to handle most of the family matters, which is causing a problem. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services and other resources available to all Soldiers. The applicant additionally contends, he was in civilian confinement for almost a year until they learned he was wrong the person; and he was carried as AWOL for this period as well. The record of evidence shows that the applicant was in civilian confinement less than a month. The prosecutor in the applicant's case decided not to prosecute the charge against him. The case was dismissed. However, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when action is taken that is tantamount to a finding of guilty, if a punitive discharge is authorized for the same or a closely related offense under the Manual for Courts Martial. 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 24 May 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160004174 3