1. Applicant’s Name: a. Application Date: 18 January 2015 b. Date Received: 20 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 general, under honorable conditions. The applicant seeks relief contending, in pertinent part and in effect, he had excellent service until he married the wrong woman after returning from deployment. He had domestic issues with her. He took classes and sought the required help he needed, but felt he had no choice but to go AWOL to get away from his wife. The applicant’s wife lied to his unit and had his chain of command fooled. He felt alone and no one understood him. He suffered greatly from making a mistake, losing the career he worked hard for. He loved serving his country. An upgrade would allow him to receive the benefits he earned. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 13 January 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 15 August 2012 / 3 years b. Age at Enlistment/Education/GT Score: 26 / GED / 108 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92F10, Petroleum Supply Specialist / 4 years, 9 months, and 3 days d. Prior Service/Characterizations: RA, 3 March 2009 – 14 August 2012 / HD e. Overseas Service/Combat Service: SWA / Afghanistan (14 October 2011 – 10 October 2012) f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, ACM-2CS, GWTSM, ASR, NATO Medal g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: DD Form 616 (Report of Return of Absentee), dated 7 October 2013, indicates the applicant was apprehended by civil authorities and returned to military control on 7 October 2013. Seven DA Forms 4187 (Personnel Action), dated between 23 April 2013 and 2 November 2013, reflect the applicant’s duty status changed as follows: from “Present for Duty (PDY)” to “Civil Confinement (CCA),” effective 22 April 2013; from “CCA” to “PDY,” effective 25 April 2013; from “PDY” to “Absent Without Leave (AWOL),” effective 29 July 2013; from “AWOL” to “Dropped From Rolls (DFR),” effective 28 August 2013; from “DFR” to “PDY,” effective 7 October 2013; from “PDY” to “CCA,” effective 7 October 2013; and from “CCA” to “PDY,” effective 2 November 2013. Discharge Orders, dated 6 January 2014 i. Lost Time: 39 days (AWOL, 29 July 2013 – 28 August 2013) (Civilian Confinement, 22 - 25 April 2013 and 7 - 10 October 2013) (Note: The DA Forms 4187 do not reflect the same changes in duty statuses) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, dated 18 January 2015, and DD Form 214. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record, specifically the specific facts and circumstances concerning the events which led to the discharge from the Army, to make a determination upon the applicant's quality of service based on the reason(s) for his discharge. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced sufficient evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity. If the applicant desires a personal appearance hearing, it would 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. In consideration of the applicant's service accomplishments and quality of his service prior to the any incidents of misconduct, the Board can find, based on the available evidence that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends that he was having family issues that 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 available evidence in the record, nor has he provided any evidence to show that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that an upgrade of his discharge would allow the benefits he earned. However, eligibility for veterans' 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. Based on the available evidence, 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 AR20150009826 4