1. Applicant’s Name: a. Application Date: 7 May 2015 b. Date Received: 12 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of being able to received educational benefits to better his life. He contends prior to his separation he applied for a Chapter 10 hardship dependence discharge and was discharge with an other than honorable conditions discharge. He contends he had no felonies or drug offenses. He contends he left to help his mother take care of his dad due to his disability. He is sorry if he did anything wrong and did not mean it. In a records review conducted at Arlington, VA on 3 August 2016, 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: 10 January 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: The applicant voluntarily requested a discharge in lieu of trial by court-martial under AR 635-200, Chapter 10, on 5 October 2006. (2) Basis for Separation: The applicant was informed of the following reason: Charge I: Violation of the UCMJ, Article 86, AWOL (3) Recommended Characterization: Under Other than Honorable Conditions (4) Legal Consultation Date: 5 October 2006l (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 30 November 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 5 January 2005 / 4 years and 19 weeks (The DD Form 214 reflects the date entered AD this period as 3 February 2005; however, documents in the record reflect the dated entered AD was 5 January 2005.) b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 1 year and 9 days d. Prior Service/Characterizations: USAR-30 November 2004 – 4 January 2005 / NA e. Overseas Service/Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: DD Form 458 (Charge Sheet), dated 4 October 2006, reflects the applicant was charged with violation of the UCMJ, Article 86, AWOL. i. Lost Time: 397 days (AWOL, 27 August 2005 – 28 September 2006) 97 days (Excess leave, 6 October 2006 – 10 January 2007) j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 293, dated 7 May 2015; two DD Forms 149, dated 7 May 2015; a self-authored statement; DD Form 214; and the following: Texas Identification Card, expiration date 11 March 2022; Two New York Film Academy letter, invoice, and Welcome Letter; A Guide to Military Discharges to Military Discharges and GI Rights Chapter 10 extract; Department of Veterans Affairs documents; Form SSA-1099-Social Security Benefit Statements (years 2009 and 2014); DA Form 31, dated 2 October 2006; Texas Mutual (TM) Insurance Company Notice of Disputed Issues, dated 6 September 2006; TM Insurance Company Letter, Re: Claim No: 99G0000462639, dated 6 October 2006; Two Workers’ Compensation Reform – House Bill 7 Provisions for Health Care Providers, 1169 and 1188; Texas Department of Insurance Division of Workers’ Compensations, dated 11 October 2006; TM Insurance Company Letter, Re: Claim No. 99G0000462639, dated 16 October 2006; Two letters of support, dated 6 and 20 November 2006; Walls Regional Hospital Emergency Physician Record, dated 2 May 2006; Upper Extremity Impairment Evaluation Record, dated 26 July 2007; Ranger High School Diploma, dated 28 May 2004; New York Film Academy Report Card for Summer 2015; New York Film Academy Midterm Evaluations, dated 6 and 11 August 2015; U.S. Army Marketing and Research Group Letters, dated 16 December 2015 and 23 February 2016; ARBA Letter, Re: DD Form 214 corrections, dated 5 February 2016; Letter addressed to the Army Review Board, dated 5 February 2016; DA Form 4137 (Evidence/Property Custody Document), dated 6 October 2006; Girling Home Health Patient Consent Form; Information for Blood Donors Information Sheet; DD Form 1699/4 (Record of Military Processing), page 2, undated; Montgomery GI Bill Act of 1984, dated 30 November 2004; Personnel printout, dated 7 January 2005; USMEPCOM PCN 680-3ADP Processee/Enlistee Record, dated 5 January 2005; DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States); USMEPCOM Form 680-3A-E (Request for Examination), dated 23 November 2004; DD Form 93 signature page, dated 30 November 2009 DD Form 1966/2, page 2; Texas Department of Public Safety Crime Records Service, printe4d 24 November 2004; State of Texas Rites of Matrimony Certificate and signature page, dated 2 February 2016; and, County of Palo Pinto Letter addressed to the Newlyweds. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant’s record of service, the documents and the issues submitted with the 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. The applicant seeks relief contending, prior to his separation he applied for a Chapter 10 hardship dependence discharge and was discharge with an other than honorable conditions discharge and that he left to help his mother take care of his dad due to his disability. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he applied for a hardship dependence discharge prior to his discharge. The evidence of record shows the applicant was discharge as a result of going AWOL for 397 days. Although the applicant contends he left to help his mother take care of his dad due to his disability the record of evidence does not demonstrate that he sought assistances through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant expressed his desire for an upgrade for the purpose of being able to received educational benefits to better his life. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 August 2016, 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: 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 NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008405 4