1. Applicant’s Name: a. Application Date: 23 April 2016 b. Date Received: 25 April 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 uncharacterized and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, his discharge was inequitable because of his entry level status. The applicant states that, although he turned himself in after his “Entry Level” expired, he did not serve 180 days consecutively and went AWOL prior to graduation. In a records review hearing conducted at Arlington, VA on 9 January 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: In Lieu of Trial by Court-Martial / AR 635-200 / Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 13 April 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 19 February 2009, reflects the applicant was charged with violation of the UCMJ, Article 86, AWOL. (2) Basis for Separation: The applicant was informed of the following reason: Charge: Violation of the UCMJ, Article 86, AWOL (10 June 2008 to 16 February 2009) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 19 February 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 March 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 February 2008 / 4 years, 18 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 6 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Three personnel action forms, dated between 10 June 2008 and 18 February 2009, reflect the applicant’s duty status changed as follows: from “Holdover/Present for Duty” to “Absent Without Leave (AWOL),” effective 10 June 2008 from “AWOL” to “Drop from Rolls (DFR),” effective 10 July 2008 from “DFR” to “Attached/Present for Duty,” effective 16 February 2009). Memorandum for Record, undated, Subject: Grant of Delay in Court-Martial Proceedings, reflect that because of the applicant’s unavailability due to his AWOL status, a delay was granted until his return to military control. DD Form 458 (Charge Sheet), dated 19 February 2009, described at the preceding paragraph 3c(2). i. Lost Time / Mode of Return: 250 days (AWOL, 10 June 2008 to 15 February 2009) / Surrendered to military authorities. (Note: The applicant was placed on excess leave, 20 February 2009 to 13 April 2009) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 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 FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to uncharacterized and a change to the narrative reason for separation. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the 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 applicant contends that he did not serve 180 days consecutively, nor did he graduate prior to being discharged; therefore, his discharge is inequitable. It was noted the applicant was in an entry-level status when he returned from a period of AWOL (i.e. he had completed less than 180 days of continuous Active Duty). However, the applicant was charged with AWOL and while still in an entry-level status voluntarily requested discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In essence the applicant’s separation action was initiated while the applicant was in an entry level status and his command had the option to characterize his service under other than honorable conditions or to describe his service as uncharacterized. AR 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in an entry level status. The applicant by absenting himself from his unit without proper authority constituted an act of serious misconduct which lead to the separation 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 hearing conducted at Arlington, VA on 9 January 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: 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: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160008814 4