1. Applicant’s Name: a. Application Date: 22 June 2015 b. Date Received: 26 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general, under honorable conditions. The applicant seeks relief contending, in effect, he wants the Board to consider the date on which the misconduct occurred. In a records review conducted at Arlington, VA on 26 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 (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 2 May 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 January 2008 (2) Basis for Separation: The applicant was absent without leave on diverse occasions (31 July 2007 - 15 August 2007, 15 November 2007 - 20 November 2007, and 30 November 2007 -28 December 2007). The applicant was dropped from the rolls of the Army as a deserter. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 14 January 2008 (5) Administrative Separation Board: Waived, 14 January 2008 (6) Separation Decision Date/Characterization: 9 April 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 19 January 2007 / 6 years b. Age at Enlistment/Education/GT Score: 18 / GED / 106 c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 1 year, 1 month and 27 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Seven DA Forms 4187 (Personnel Action), dated between 8 August 2007 and 14 January 2008, reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY)” to “Absent Without Leave (AWOL),” effective 31 July 2007 From “AWOL” to “PDY,” effective 15 August 2007 From “PDY” to “AWOL,” effective 15 November 2007 From “AWOL” to “PDY,” effective 20 November 2007 From “PDY” to “AWOL,” effective 30 November 2007 From “AWOL” to “Dropped From Rolls (DFR),” effective 1 December 2007 From “DFR” to “Attached/Present for Duty,” effective 28 December 2007 CG Article 15, dated 17 August 2007, for absenting himself from his unit without authority (13 July 2007 - 15 August 2007). The punishment consisted of a reduction to E-1 (suspended), forfeiture of $303.00 pay for one month (suspended), and 14 days of extra duty and restriction. MEDCOM Form 699-R (Report of Mental Status Evaluation), dated 3 January 2008, reflects there was no evidence of any past or present psychiatric illness that would interfere with chapter proceedings .The applicant was cleared for administrative action deemed appropriate by command. i. Lost Time: 47 days (AWOL, 31 July 2007 - 15 August 2007, 15 November 2007 – 19 November 2007, and 30 November 2007 - 27 December 2007), 67 days (Excess Leave, 26 February 2008 until 2 May 2008). j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, dated 22 June 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(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 the characterization of service from under other than honorable conditions to general, under honorable conditions. The applicant’s record of service and the issues 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 (AWOL), the applicant diminished the quality of his service below that meriting general, under honorable conditions or an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance. The applicant requests the Board consider the date on which the misconduct occurred. The US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. 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 26 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/Issue a New Separation Order: 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: No Change 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 AR20150011256 1