1. Applicant's Name: a. Application Date: 17 May 2017 b. Date Received: 31 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeking relief, did not provide any issues of equity or propriety for the Board's consideration. In a records review conducted at Arlington, VA on 4 August 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: 22 November 2002 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 20 September 2002, the applicant was charged with the following: The Charge: three specifications of violating Article 86, UCMJ, for absenting himself from his unit, without authority on three separate occasions: from 5 April 2002, until 17 April 2002; from 19 July 2002, until 24 July 2002; and from 14 August 2002, until 12 September 2002. (2) Legal Consultation Date: 9 October 2002 (3) 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 (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 15 October 2002 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 September 2000 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 84 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13B10, Cannon Crewmember / 4 years, 24 days d. Prior Service / Characterizations: RA (22 July 1998 to 31 August 2000) / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on numerous occasions; failing to report for guard duty; missing an appointment; failing to follow or comply with lawful orders; failing to following instructions; failing to report for extra duty on numerous occasions; being AWOL; failing to pay his rent; making an unauthorized trip; and lying to an NCO. Military Police Blotter, dated 30 November 2001, indicates the applicant was the subject of an investigation for being AWOL and returning to his unit. Checklist for Pretrial Confinement, undated, shows the applicant received an Article 15 for being AWOL on 21 September 2001, until 12 October 2001. The punishment consisted of a reduction to E-3, forfeiture of $200 (suspended), and 14 days of extra duty. On 9 January 2002, the suspended punishment of forfeiture of $200 was vacated due to violation of Article 86, UCMJ. Charge Sheet described at the preceding paragraph 3c(1). i. Lost Time / Mode of Return: 79 days (AWOL: (5 April 2002 to 16 April 2002, for 12 days) / applicant returned to his unit; (19 July 2002 to 23 July 2002, for 5 days) / applicant returned to his unit; (14 August 2002 to 11 September 2002, for 29 days) / applicant returned to his unit; and (Pretrial Confinement: 12 September 2002 to 14 October 2002, for 33 days) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 17 May 2016; VA Form 21-0845 (Authorization to Disclose Personal Information to a Third Party), dated 17 May 2016; and VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), dated 17 May 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 general (under honorable conditions). The applicant's available record of service and the 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. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran's benefits. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no other acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority. The applicant presented no issues of equity or propriety for the Board's consideration. However, he presented VA documents showing authorization for disclosure of personal information to a third party and appointment of Veterans Service Organization as his representative. Eligibility for veterans' 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. Further, the Board does not grant relief for the purpose of obtaining veterans' benefits. 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 4 August 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 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 AR20160010498 4