1. APPLICANT’S NAME: a. Application Date: 9 June 2014 b. Date Received: 12 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade from Under Other Than Honorable Conditions to Honorable. The applicant states, in effect, he was discharged because he missed his flight to Kuwait due to a Family member’s emergent serious medical condition. In a records review conducted at Arlington, VA on 24 July 2015, and by 5-0 vote, the Board denied the request 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: 11 May 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 October 2003, 730 days per mobilization orders b. Age at Enlistment/Education/GT Score: 26 / HS Graduate / 96 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 7 years, 1 day d. Prior Service/Characterizations: ARNG (8 October 1997-2 March 1998) / NA          IADT (3 March 1998-25 April 1998) / HD          ARNG (26 April 1998-30 September 2003) / NA e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM; GWOTEM; GWOTSM; AFRMM; AFRM-M DEV; ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: * There are no negative counseling statements or actions under the UCMJ. * Mobilization Orders 195-557, dated 6 October 2003. * DA Form 4187, dated 25 August 2004, duty status changed from Emergency Leave to AWOL, effective 19 August 2004. i. Lost Time: 335 days AWOL j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: A self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: None provided. 7. REGULATORY CITATION(S): Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. 8. DISCUSSION OF ISSUE(S): The applicant seeks relief contending his discharge was due to missing his flight to Kuwait because of a Family member’s emergent serious medical condition. His record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by his signature. The document identifies the reason and characterization of the discharge. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. His contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the quality of his service. Moreover, there is a presumption of regularity in the conduct of governmental affairs that is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. His statements alone do not overcome this presumption and the application contains no evidence in support of the request for an upgrade of the discharge. If the applicant desires a personal appearance, it would be his responsibility to meet the burden of proof since the evidence is not available in the official record. He would need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. Therefore, based on the available evidence and the presumption of government regularity, it appears 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. 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. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140010683 1