1. Applicant’s Name: a. Application Date: 3 July 2015 b. Date Received: 7 July 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 general, under honorable conditions. The applicant seeks relief contending, in effect, due to his son being born three months premature, he requested a compassionate reassignment in order to be closer to his son. He provided a DNA test to show he was the father and letters from different doctors stating it would be in the best interest of the child for the father to move closer to his son. He requested his congressman to get involved, but never received any paperwork. His son was going through breathing complications and after going through the proper steps and having his request repeatedly denied, he went AWOL. While home he went to the hospital where his son was admitted and spent nights sleeping in his car in the hospital parking lot. Later, he turned himself into military authorities at Fort Knox, KY, where he was eventually discharged. He never was in any trouble while in the military. Since his discharge, he signed his rights over to the mother of his child. He has never been in any trouble with the law and would like the upgrade in order to receive veteran’s benefits. 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: 5 March 2008 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 undated (endorsed by the Commander on 29 January 2008). (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 86, AWOL (23 July 2007 - 25 August 2007) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Undated (Note: The applicant, with the assistance of legal counsel, submitted a voluntary request for discharge in lieu of trial by court-martial.) (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 8 February 2008 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 27 April 2006 / 4 years b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 89 c. Highest Grade Achieved/MOS/Total Service: E-4 / 13B1P, Cannon Crewmember / 5 years, 6 months, and 2 days d. Prior Service/Characterizations: RA, 1 August 2002 - 25 January 2006 / HD RA, 26 January 2006 - 26 April 2006 / HD e. Overseas Service/Combat Service: Alaska, SWA / Iraq (18 January 2005 – 18 January 2006) f. Awards and Decorations: ARCOM-3, PUC, AGCM, NDSM, GWTSM, ICM, NOPDR, ASR, CAB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: DD Form 458 (Charge Sheet), dated 30 August 2007, reflects the applicant was charged with violation of the UCMJ, Article 86. Three DA Forms 4187 (Personnel Action), dated between 24 July 2007 and 28 August 2007, reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY)” to “Absent Without Leave (AWOL),” effective 22 August 2007; From “AWOL” to “Dropped From Rolls (DFR),” effective 13 February 2002; and, From “DFR” to “PDY,” effective 25 August 2007. The applicant surrendered to military authorities. i. Lost Time: 33 days (AWOL, 23 July 2007 - 25 August 2007) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 3 July 2015; DD Form 214; and the following: Indiana Blood Center HLA-DNA Laboratory, DNA test results, dated 5 January 2007; Hamilton County Health Department Birth certificate, dated 28 December 2006; DA Form 4187 (Personnel Action), dated 22 August 2007; Enlisted Record Brief, dated 8 June 2006; and, Discharge Orders #060-0161, dated 29 February 2008. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 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 FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant’s record of service, the issues and documents submitted with his 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 and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends that he was having family issues concerning his premature newborn son, which affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he had good service, which includes a combat tour in Iraq. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge would allow him the use of veteran’s benefits. However, eligibility for veteran’s benefits do 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. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official 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 AR20150009294 4