1. APPLICANT’S NAME: a. Application Date: 4 June 2015 b. Date Received: 8 June 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant states, in effect, he requested a transfer for overseas and his command denied it and he went AWOL. He was a teenager and had no idea what he had done. He was an excellent Soldier with no misconduct prior to him going AWOL. He desires to receive VA benefits for school. He desires to rejoin the Army after college and apply for Officer Candidate School (OCS). In a personal appearance hearing conducted at Arlington, Virginia, on 8 February 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-3 / Under Other Than Honorable Conditions b. Date of Discharge: 11 December 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 November 2007 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; Being AWOL from (20 February 2007-25 September 2007); Wrongfully using marijuana between (2 September 2007 and 1 October 2007) (3) Recommended Characterization: Under Other Than Honorable Conditions Discharge (4) Legal Consultation Date: On 23 October 2007, the applicant offered to plead guilty to all charges in a Summary Court-Martial and voluntarily unconditionally waived consideration of his case by an administrative separation board. On 1 November 2007, the applicant waived his right to consult with legal counsel. (5) Administrative Separation Board: Waived (6) Separation Decision Date/Characterization: 21 November 2007 / Under Other Than Honorable Conditions Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 17 January 2006 / 4 years and 17 weeks b. Age at Enlistment/Education/GT Score: 18 years / GED Certificate / 119 c. Highest Grade Achieved/MOS/Total Service: PV2 / E-2 / 13F10, Fire Support Specialist / 1 year, 3 months and 16 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Positive urinalysis test coded PO (Probable Cause) dated1 October 2007, for THC Summary Court-Martial, dated 1 November 2007, the applicant was found guilty of being AWOL from (20 February 2007-25 September 2007); and wrongfully using marijuana between (2 September 2007 and 1 October 2007). He was sentenced to a reduction to PVT/E-1, forfeiture of $867 pay and confinement for 30 days. i. Lost Time: The applicant had 216 days of lost time for being AWOL (20 February 2007-25 September 2007). Also, he was in civilian confinement (25 September 2007-28 September 2007), for 3 days. Total time lost 219 days. j. Diagnosed PTSD/TBI/Behavioral Health: Mental Status Evaluation, dated 29 October 2007, indicates the applicant had an Axis 1 diagnosis of an adjustment disorder with depressed mood and psychoactive substance abuse of a combination of drugs. He did not have a medical condition which would warrant a medical board. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); handwritten statement; e-mail; and OMPF documents (39 pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he attends college pursuing a degree in business management and accounting. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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 ISSUE(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 record confirms 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. By the misconduct (serious offense), the applicant marred the quality of his service below that meriting a general, under honorable conditions or an honorable discharge at the time of his separation. The applicant seeks relief contending, he requested a transfer for overseas and his command denied it and he went AWOL. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant further contends, he was a teenager and had no idea what he had done. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant also contends, he was an excellent Soldier with no misconduct prior to him going AWOL. The applicant’s service accomplishments and the quality of his service prior to the incidents which caused the initiation of discharge proceeding were carefully considered. The applicant desires to receive VA benefits for school. 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 applicant desires to rejoin the Army after college and apply for OCS. At the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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 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 Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge 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 IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010003 4