1. Applicant's Name: a. Application Date: 14 July 2016 b. Date Received: 1 November 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable, and to change the reentry code that corresponds with the narrative reason for his discharge to RE-1. The counsel on behalf of the applicant seeks relief contending, in pertinent part and in effect, the applicant's discharge and the designated reentry code are inequitable. The incident that occurred when the applicant was 20 years old, and over nine years ago continues to unjustly punish him. Since his discharge, he took the discipline and maturity to furthering his goals by graduating in the top percent of his equipment operators class, returning to school and becoming a commercial electrician while helping operate his father's tree-trimmer business, obtaining a full-time position with Boeing; and giving back to his community by volunteering at food banks, building handicap ramps, working toy drives at Christmas, and donating personal funds to a local children's hospital, state troopers, and fire department. The applicant regrets daily over his decision to leave the Army, nine years ago. His decision, at an immature age, should be considered as an aberration in his military career. He is unable to further his career due to his current discharge. In a records review conducted at Arlington, VA on 4 October 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the AWOL (i.e. the applicant feared other Soldiers in the platoon). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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 May 2007 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 7 July 2006, the following charge was preferred, with recommendations to refer to trial by a special court-martial empowered to adjudge a bad conduct discharge: Charge: Violation of Article 85, UCMJ, for absenting himself from his unit without authority on 7 June 2006, and remained so absent in desertion until (left blank). (2) Legal Consultation Date: NIF (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: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 May 2006 / Pursuant to IADT Orders, dated 3 May 2006, for approximately 16 weeks or completion of basic and MOS training b. Age at Enlistment / Education / GT Score: 19 / HS Transcript / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 3 months, 22 days (includes 76 days of involuntary excess leave, creditable for all purposes, except pay and allowances, from 2 March 2007 to 16 May 2007) d. Prior Service / Characterizations: ARNG (3 May 2006 to 3 May 2006) / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Return of Absentee (packet), dated 27 February 2007, showing that the applicant surrendered to military authorities at Fort Sill, OK. The packet consisted of the following: Charge Sheet described at the preceding paragraph 3c(1). ARNG separation Orders, dated 19 July 2006, discharged the applicant, effective 7 July 2006, from the Army National Guard with an uncharacterized discharge, and assigned to the USAR Control Group (Reinf), St Louis, MO. IADT Orders, dated 3 May 2006. Deserter Processing Checklist. Discharge Orders, dated 14 May 2007. i. Lost Time / Mode of Return: 266 days (AWOL: 7 June 2006, until 27 February 2007) / Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application of the Review of Discharge) and DD Form 149 (Application for Correction of Military Record) dated 14 July 2016; DD Form 214; attorney-authored brief in support of an upgrade; two character reference/supporting documents; certificate of marriage; Work History; applicant-authored statement; cover letter, dated 27 October 2016; List of Exhibits; business license letter, dated 16 March 2015; Report of Return of Absentee packet; and discharge orders. Additional Evidence: Congressional Veterans Privacy Release Authorization Form. 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 honorable, and to change the reentry code that corresponds with the narrative reason for his discharge to RE-1. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. Although 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's request showing also his consultation with legal counsel is not available. The record is void of the documented request which would have shown that he 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 would have admitted guilt to the offense, or a lesser included offense, and he would have indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on his eligibility for veteran's benefits. The applicant's record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason "In Lieu of Trial by Court-Martial," with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. The record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general (under honorable conditions) discharge by the separation authority. 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 contends that he was young and immature at the time of the discharge that occurred nine years ago. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant requests to change the reentry code to RE-1. 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 4. There are no basis upon which to grant a change to the narrative reason or to the RE code. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. Based on the available 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 4 October 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the AWOL (i.e. the applicant feared other Soldiers in the platoon). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20170004117 5