1. Applicant’s Name: a. Application Date: 19 July 2016 b. Date Received: 25 July 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 general (under honorable conditions) and a change to the narrative reason for separation to “Entry Level Separation.” The applicant seeks relief contending, in effect, he was under the pretense that his mother was diagnosed with breast cancer for the second time and with the amount of stress that he put himself under, he was not focusing on the task at hand. The applicant states he has learned to manage stressful situations more efficiently. The applicant requests an upgrade so that he may return to active duty in order to become an active contributor to the Army and the people of the United States. In a personal appearance hearing conducted at Arlington, VA on 6 February 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: 16 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 26 February 2009, reflects the applicant was charged with violation of the UCMJ, Article 86. (2) Basis for Separation: The applicant was informed of the following reason: Charge: Violation of the UCMJ, Article 86, AWOL Specification 1: AWOL, 17 August 2007 to 8 September 2007 Specification 2: AWOL, 14 September 2007 to 13 February 2009 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 26 February 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 April 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: ARNG, 20 December 2006 / 8 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 4 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: N/A h. Disciplinary Action(s) / Evidentiary Record: Five DA Forms 4187, dated between 17 August 2007 and 3 September 2009, reflect the applicant’s duty status changed as follows: From “Present for Duty” to “Absent Without Leave (AWOL),” effective 17 August 2007 From “AWOL” to “PDY,” effective 8 September 2007 From “PDY” to “AWOL,” effective 14 September 2007 From “AWOL” to “Dropped From Rolls (DFR),” effective 15 September 2007 From “DFR” to “PDY/Returned to Military Control,” effective 13 February 2009 Army National Guard movement-related orders: Attachment Orders 024-1258, dated 24 January 2007, reflects the applicant was attached for administrative, training, and pay purposes; Attachment Orders 181-1195, dated 30 June 2007, reflects the applicant was released from attachment NGB Form, period ending 15 September 2007, reflects the applicant was discharged under the provisions of NGR 600-200, Paragraph 8-5a, Dropped From the Rolls (DFR) of the Active Army, Uncharacterized, RE-3 DD Form 458 (Charge Sheet), dated 26 February 2009, described at the preceding paragraph 3c(2). i. Lost Time / Mode of Return: 540 days 22 days (AWOL, 17 August to 8 September 2007) / mode of return NIF 518 days (AWOL, 14 September 2007 to 13 February 2009) / apprehended by civilian authorities 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 general (under honorable conditions) and a change to the narrative reason for separation to “Entry Level 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 under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends that he was under an extreme amount of stress due to his mother’s terminal illness, causing him to lose focus on the task at hand, which ultimately led to his discharge. 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. Moreover, records show the applicant's assigned RE Code of 4 is appropriate based on the authority and reason for his discharge. Therefore, there is no basis for changing the applicant's RE Code and the applicant is no longer eligible for reenlistment. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions. b. Witness: Yes (Friend) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 6 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20160013975 4