1. Applicant’s Name: a. Application Date: 19 May 2015 b. Date Received: 8 June 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, at the time of his separation he was given a discharge under other than honorable status due to him being AWOL during his initial training. When he joined the military in October of 2006, he had sole custody of his daughter. Later, he learned that it would be hard to enter the military if he did not have a caretaker for her, so he enlisted the help of his live-in spouse. His spouse was to take over as guardian of his daughter while he served in the Army. To make this a legal binding agreement they created a letter stating these facts and had it notarized through a certified notary. However, after a little over two months into his training, she decided she did not want to take on the responsibility and left his daughter with friends. After he went home on Christmas break, he had no other choice but to make the decision not to return to his unit. He spoke with his commander over the phone and was instructed to get on the bus and return, even if he had to bring his daughter with him. The applicant didn’t want to take his daughter not knowing what would happen to her, so he did not return until April of 2007. After he returned, he was discharged from the military. Since his discharge, he has been blessed with a beautiful wife and seven children. He has been married over five years and he has went back to school and completed his bachelor’s degree in Business Administration with a concentration in management. He is looking to further his education and move towards other career opportunities in the future. He is pleading that his discharge be upgraded so that he may rejoin the Army and gain more valuable skills. He wants to show his children and his family that even though you have obstacles in life, you can still achieve great things. He knows there is no guarantee that his discharge will be upgraded, and is still willing to do all he can to give himself a chance to succeed. In a records review conducted at Arlington, VA on 5 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: 23 May 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 16 April 2007. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 86, with one specification (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 16 April 2007 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 10 May 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 18 October 2006 / 3 years, 26 weeks b. Age at Enlistment/Education/GT Score: 27 / HS Graduate / 88 c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 4 months, 4 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: DD Form 458 (Charge Sheet), dated 16 April 2007, reflects the applicant was charged with violation of the UCMJ, Article 86, AWOL (5 January 2007 - 7 April 2007). Three DA Forms 4187 (Personnel Action), dated between 5 January 2007 and 13 April 2007, reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY)” to “Absent Without Leave (AWOL),” effective 5 January 2007; From “AWOL” to “Dropped From Rolls (DFR),” effective 4 February 2007; and, From “DFR” to “PDY,” effective 7 April 2007. i. Lost Time: 91 days (AWOL, 5 January 2007 - 6 April 2007) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application with all listed enclosures, dated 19 May 2015; self-authored statement; and a copy of his DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned his bachelor’s degree. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions 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 issues concerning custody of his daughter and decided not to return to his unit after leave. 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 has expressed his desire to rejoin the Service, to have better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. Further, 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 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 5 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 AR20150009839 4