1. Applicant’s Name: a. Application Date: 8 May 2015 b. Date Received: 15 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he feels as if he was punished twice for going AWOL, because he lost his pay and rank, and was confined for 120 days. In a records review conducted at Arlington, VA on 29 July 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: Misconduct (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 13 July 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 June 2012 (2) Basis for Separation: The applicant was convicted in a court-martial for absenting himself from his unit and place of duty, to wit: [applicant’s unit], from 3 August 2010 and 18 July 2011. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: Waived, 19 June 2012 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 22 June 2012 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 April 2010 / 3 years b. Age at Enlistment/Education/GT Score: 27 / GED / 96 c. Highest Grade Achieved/MOS/Total Service: E-3 / 12K10, Plumber / 3 years, 10 months, 17 days d. Prior Service/Characterizations: ARNG, 11 September 2007 – 1 April 2008 / NA          IADT, 2 April 2008 – 1 August 2008 / HD          ARNG, 2 August 2008 – 31 March 2010 / NIF e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM; GWTSM; ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Special Court-Martial Order Number 5, dated 30 March 2012, indicates the applicant was found guilty on 19 December 2011, of violating Article 86, UCMJ, on two separate occasions for being AWOL on 12 July 2010 until 17 July 2010 and on 3 August 2010 until 18 July 2011. The sentence consisting of a reduction to E-1, forfeiture of $978.00 pay per month for four months, and confinement for 120 days, was approved on 30 March 2012. Negative counseling statement for being processed for an involuntary separation due being AWOL. Report of Mental Status Evaluation, dated 3 April 2012, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. i. Lost Time: 350 days (AWOL, 3 August 2010 – 18 July 2011) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; Special Court-Martial Order Number 3, dated 30 March 2012; separation notification memorandum, dated 19 June 2012; counseling statement, dated 16 May 2012; and separation authority’s decision memorandum, dated 22 June 2012. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that 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. The applicant contends that he was punished twice for going AWOL, once by a court-martial that resulted in loss of pay and rank and confinement, and again by the discharge he received. However, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army, and was basis for his separation. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. Further, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct. 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 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 29 July 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 AR20150008922 4