1. Applicant's Name: a. Application Date: 25 October 2016 b. Date Received: 28 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his duty status was change to AWOL while on convalescent leave; his unit commander signed his leave form the day after he signed out on leave. He was taken off convalescent leave to begin out processing. He was discharged within a week without the opportunity to appeal. In a personal appearance hearing conducted at Arlington, VA on 12 June 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 / General (Under Honorable Conditions) b. Date of Discharge: 7 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 September 2015 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he violated a lawful general regulation, by failing to shave before first formation (27 July 2015); with intent to deceive, he made to his team leader an official statement, that he took his girlfriend to the hospital, which statement was totally false, and was then known by him to be so false (4 February 2015); and he failed to go to his appointed place of duty on different occasions between (3 September 2013 and 25 July 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 September 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 September 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 March 2013 / 4 years, 21 weeks b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 2 years, 6 months, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: On 8 September 2015, the suspension of punishment of reduction to PFC / E-3 was vacated for the new offenses of, without authority, fail to go at the time prescribed to his appointed place of duty (25 July 2015); and he violated a lawful general regulation, by failing to shave before his first formation (27 July 2015). The evidence of record shows that the applicant received an Article 15 and was reduced to PFC / E-3. However, the record does not contain the aforementioned Article 15. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 15 June 2015, revealed that the applicant had Axis 1, 2 and 3 medical diagnoses which are documented in AHLTA in accordance with AR 40-66. He has not deployed in the past 24 months and does not have PTSD or TBI. He meets medical retention standards in accordance with AR 40-501, Chapter 3. There was no psychiatric disease or defect which warrants disposition through medical channels. The Soldier is mentally responsible, able to distinguish right from wrong, and has the mental capacity to understand and participate in administrative proceedings. He was cleared for administrative separation. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; letter, Director, Human Resources; two Law Enforcement Report, (three pages each, initial and corrected final); two DA Forms 4187 Personnel Action); DA Form 31 (Leave Form); memorandum, erroneous report of AWOL; e-mail traffic; two DD Form 214s; and two character statements. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. 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 seeks relief contending, his duty status was changed to AWOL while on convalescent leave; his unit commander signed his leave form the day after he signed out on leave. The record of evidence shows that a memorandum entitled erroneous report of an AWOL Soldier, indicated a corrected DA Form 31 (Request and Authority for Leave), was prepared and processed for unexcused absences. The applicant further contends, he was taken off convalescent leave to begin out processing; and he was discharged within a week without the opportunity to appeal. 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 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 testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): Mr. X (W) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 12 June 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160018094 5