1. APPLICANT’S NAME: a. Application Date: 22 July 2015 b. Date Received: 24 July 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant states, in effect, since his separation from the Army, life has been very difficult; from having no benefits to being denied jobs because of the reason for his separation; he has struggled and worked hard to survive. He had a flawless record for three years and he accomplished combat deployment. In a records review hearing conducted at Arlington, VA on 7 March 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 / General, Under Honorable Conditions b. Date of Discharge: 10 July 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: NIF (6) Separation Decision Date/Characterization: 23 June 2014 / General, Under Honorable Conditions Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 7 April 2010 / 5 years and 16 weeks b. Age at Enlistment/Education/GT Score: 24 years / one year of college / 117 c. Highest Grade Achieved/MOS/Total Service: SPC / E-4 / 11B10, Infantryman / 3 years, 6 months and 8 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (3 February 2011-21 December 2011) f. Awards and Decorations: ARCOM, AAM, NDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: AWOL for 266 days (22 July 2013-17 April 2014); surrendered to military authorities. j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application (seven pages); two DA Forms 4187 (Personnel Action); DA Form 638 (Recommendation for Award, two pages); advanced individual training diploma; individual training record; certificate of achievement/with memorandum for record; AGCM Orders 41-02; two certificates of training; order of the golden spur certificate; order of the silver spur certificate; and a DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 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 rehabilitation is impractical or unlikely to succeed. Army policy states 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(1), misconduct (awol). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" will be assigned an RE Code of 3. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(1), misconduct (AWOL). The regulation further stipulates no deviation is authorized. The applicant seeks relief contending, since his separation from the Army, life has been very difficult; from having no benefits to being denied jobs because of the reason for his separation; he has struggled and worked hard to survive. 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 Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant further contends he had a flawless record for three years and he accomplished combat deployment. The merit of this contention cannot be established because the complete facts and circumstances leading to the discharge are not contained in the available record. The applicant’s service accomplishments and his combat deployment prior to the incident which caused the initiation of discharge proceeding were carefully considered. If the applicant desires a personal appearance hearing, it is 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 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 AR20150012536 1