1. Applicant's Name: a. Application Date: 1 January 2017 b. Date Received: 13 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, a change to his narrative reason for discharge, and a change to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to reenlist. He contends at the time of discharge he was told that he could go to the VA after six months and get his discharge upgraded. He believes because he left on very good terms with his unit his discharge should be upgraded. He knows he made a mistake and now has fixed it which is why he is requesting for a second chance at serving in the military. He has grown up and matured a lot since his discharge and believes reenlisting in the Army will help him be the father and someday husband that he needs to be for his family. In a travel panel hearing conducted at Scott Air Force Base, IL on 28 February 2018, 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 (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 7 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 April 2013 (2) Basis for Separation: The applicant was informed of the following reason: being absent without leave from 20 June 2012 to 17 September 2012 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 April 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 April 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 October 2011 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11C10, Indirect Fire Infantryman / 1 year, 3 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG, Article 15, dated 24 January 2013, for being absent without leave from 20 June 2012 until his return on 17 September 2012. Documents indicating the punishment received were not found in the available records. Negative counseling statement for alleged violations Articles 85 and 86 of the UCMJ. Report of Mental Status Evaluation, dated 14 November 2012, shows the applicant had no psychiatric diagnosis or conditions on Axis I. The applicant could understand and participate in administrative proceedings and could appreciated the difference between right and wrong. The applicant was psychiatrically cleared for Chapter 14-12b and for any actions deemed appropriated by his command. i. Lost Time / Mode of Return: AWOL 89 days (20 June 2012 to 16 September 2012) / surrendered to military authority j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 149; self-authored letter; previous enlistment documents; documents from discharge packet; letters of reference/support; photos; 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 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(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (AWOL). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" 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 discharge 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. It should be noted; the appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for misconduct (AWOL) is "JKD" and the RE code is 3. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, at the time of discharge he was told that he could go to the VA after six months and get his discharge upgraded. He believes because he left on very good terms with his unit his discharge should be upgraded. He knows he made a mistake and now has fixed it which is why he is requesting for a second chance at serving in the military. He has grown up and matured a lot since his discharge and believes reenlisting in the Army will help him be the father and someday husband that he needs to be for his family. The applicant's contentions were noted; however, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. Also evidence in the records shows the applicant's discharge was the result of him having gone AWOL. By regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (AWOL). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that 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 document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None were listed on the hearing data sheet. b. The applicant presented the following additional contention(s): Change the characterization of the discharge. Change the Reentry Eligibility (RE) code of the discharge. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a travel panel hearing conducted at Scott Air Force Base, IL on 28 February 2018, 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 / 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 AR20170001341 2