1. Applicant’s Name: a. Application Date: 1 August 2015 b. Date Received: 10 August 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to general, under honorable conditions. The applicant seeks relief contending, in effect, while she was in BCT and during Christmas Exodus, she informed her drill sergeants that her husband was arrested and that the U.S. Marshalls needed her assistance. In the meantime, she arranged for her mother to care for her son; however, while the applicant was in AIT, her mother had a stroke and could no longer care for her son. The applicant states that, in addition to her son, she had to take custody of her sister who was in Kentucky. Once there, the applicant became severely sick and found out that she was pregnant. The applicant contends that she was forced to receive an under other than honorable conditions discharge and was sent home. Since her discharge, the applicant states that she has gone to college for psychology and pharmacy. Her misconduct haunts her because it was not her fault. In a records review conducted at Arlington, VA on 28 September 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: 13 February 2009 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 8 December 2008. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 86, AWOL (7 March 2006 – 4 December 2008) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 8 December 2008 (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: 3 November 2005 / 3 years and 27 weeks b. Age at Enlistment/Education/GT Score: 19 / GED / NIF c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 6 months and 14 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: Three DA Forms 4187 (Personnel Action), dated between 7 March 2006 and 5 December 2008, reflect the applicant’s duty status changed as follows: From “Present for Duty” to “Absent Without Leave (AWOL),” effective 7 March 2006 From “AWOL” to “Dropped from Rolls (DFR),” effective 6 April 2006 From “DFR” to “Attached / Present for Duty,” effective 5 December 2008 DD Form 458 (Charge Sheet), dated 8 December 2008, reflects the applicant was charged with violation of the UCMJ, Article 86, AWOL. i. Lost Time: The applicant was AWOL for 997 days (7 March 2006 - 4 December 2008); the applicant surrendered to military authorities. The applicant also had 67 days of excess leave (9 December 2008 - 13 February 2009). j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 1 August 2015. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has attended college for psychology and pharmacy. 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, 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 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 her under other than honorable conditions discharge to general, under honorable conditions The applicant’s available record of service, and the issues submitted with her application were carefully reviewed. The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that her mother could no longer care for her son, she had to take custody of her sister, and she became severely sick and found out that she was pregnant. She 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 also contends that she was basically forced to receive an under other than honorable conditions discharge and was sent home. The evidence of record shows the applicant requested discharge in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate. The applicant contends that her misconduct haunts her because it was not her fault. The Army considers AWOL serious misconduct. The record of evidence does not demonstrate that she sought relief her command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other resources available to all Soldiers. Likewise, she has provided no evidence that she should not be held responsible for her misconduct. If the applicant desires a personal appearance hearing, it is her 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 DETERMINATION: In a records review conducted at Arlington, VA on 28 September 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013521 1