1. Applicant's Name: a. Application Date: 13 March 2016 b. Date Received: 25 March 2016 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 and a change to his narrative reason for separation. The applicant also requests that his rank be reinstated to E-4. The applicant seeks relief contending, in effect, he would like an upgrade in order to have access to his GI Bill benefits, improve his employment opportunities, and to provide for his family in a way that they deserve with unlimited opportunities. The applicant contends his discharge was improper because the Army issued a desertion warrant in his name nine years after he went AWOL. He accepted an under other than honorable conditions discharge to speed up the processing of his discharge after having been away from his family for seven months. He believes that he served at the highest level within his unit; therefore, his discharge should be upgraded. In a records review conducted at Arlington, VA on 17 May 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27, contains the erroneous reentry eligibility (RE) code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. (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 / General (Under Honorable Conditions) b. Date of Discharge: 10 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 February 2015 (2) Basis for Separation: The applicant was AWOL (1 November 2005 until his apprehension 14 August 2014). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 February 2015 (5) Administrative Separation Board: Waived, 18 February 2015 (6) Separation Decision Date / Characterization: 25 February 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 April 2003 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 11 months, 27 days d. Prior Service / Characterizations: USAR, 26 February 2001 to 16 August 2001 / UNC (Break-in-Service) USAR, 29 October 2001 to 8 April 2003 / HD e. Overseas Service / Combat Service: SWA / Iraq (14 February 2004 to 15 March 2005) f. Awards and Decorations: ARCOM, AAM, VUA, NDSM, GWOTEM, GWOTSM, ASR, OSR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Five Personnel Action forms, dated between 8 May 2014 and 8 September 2014, reflect the applicant's duty status changed as follows: from "Present for Duty (PDY)" to "AWOL," effective 1 November 2005 From "AWOL" to "Dropped from Rolls (DFR)," effective 1 December 2005 From "DFR," to "PDY," effective 14 August 2014 From "PDY" to "Confinement Civilian Authority (CCA)," effective 14 August 2014 From "CCA" to "PDY," effective 6 September 2014 i. Lost Time / Mode of Return: 3,232 days 3208 days (AWOL, 1 November 2005 to 13 August 2014) / apprehended by civilian authorities 24 days (Confinement, 14 August 2014 to 6 September 2014). j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Department of Veterans Affairs Statement in Support of Claim; memorandum of record "Explanation of Time and Experience," email, dated 26 January 2015; several letters indicating previous background checks conducted; memorandum for record "Change of Flight," and DA Form 31. 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. Army Regulation 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for separation. 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. 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 appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for misconduct (serious offense) is "JKQ" and the RE code is 3. The regulation further stipulates that no deviation is authorized. It should be noted, that the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for Misconduct (Serious Offense) will be assigned an SPD Code of JKQ and an RE Code of 3. The applicant contends his discharge was improper because the Army issued a desertion warrant in his name nine years after he went AWOL. He accepted an under other than honorable conditions discharge to speed up the processing of his discharge after having been away from his family for seven months. He believes he served at the highest level within his unit; therefore, his discharge should be upgraded. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was improper. Evidence in the record shows action to separate the applicant was initiated after he was apprehended by civilian authority for going AWOL for 3,208 days. Also it was noted that the applicant's previous command failed to complete and submit the DFR packet to USADIP during the transfer of his unit from Fort Lewis to Fort Carson. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The applicant expressed his desire for an upgrade in order to have access to his GI Bill benefits, improve his employment opportunities, and to provide for his family in a way that they deserve, with unlimited opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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 requests reinstatement of his rank. However, the applicant's requested change does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 17 May 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27, contains the erroneous reentry eligibility (RE) code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change to SPD / Change RE to 3 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 AR20160006541 4