1. APPLICANT’S NAME: a. Application Date: 6 October 2015 b. Date Received: 21 October 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to uncharacterized and a narrative reason change. The applicant contends, her discharge should be changed because all military members have a duty to obey lawful orders, and not to obey unlawful orders. She states, though she did leave her post without permission, she did contact her recruiter and inform him on her intent to return. She states, her recruiter instructed her to wait until he figured out what would happen and how they could get her back to Fort Jackson. Later, her recruiter advised her not to contact him via phone and to stay in hiding, as she would be going to jail once captured. She states, desertion is done with the intention of not returning; she had every intent on returning prior to, and after her conversations with her recruiter. When she called him a month later, she was informed she fell off the rolls so nothing could be done about her situation, but she should wait until she was arrested. When her recruiter stopped taking her calls, she turned herself in. Once she arrived in Ft. Sill, OK, she spoke with someone who informed her if she signed an in lieu of court-martial, she would be discharged with a UOTH discharge. She asked about re-entry in the military once she finished college and was told re-enlistment would be an option. She states, she was never informed of her right to an attorney to represent her in front of a court. Instead, she was only given the option of signing papers or going to jail. The acts of deception by her superiors prohibited her from exercising her rights as a Soldier and as an American citizen. During this time, she did not possess the knowledge she has now and although her acts were wrong, the deception and military training guided her in the wrong direction. She states, she was following direct orders from a superior, who informed her to wait on further instruction so she might return. She contends, she is not guilty of desertion as it is defined because her intent was never to not return. In a records review conducted at Arlington, VA on 25 April 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: 21 May 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 October 2010 / NIF b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 4 months, 9 days d. Prior Service/Characterizations: USAR, 29 July 2006 - 31 September 2006 / NA e. Overseas Service/Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: DD Form 458 (Charge Sheet), dated 9 December 2006, shows the applicant was charged with one specification: the applicant, on active duty, did, on or about 9 November 2006, without authority, and with intent to remain away there from permanently, absent herself from her unit, and did so remain absent in desertion until on or about. i. Lost Time: 104 days (1 November 2006 - 12 February 2007), the applicant surrendered to military authorities on 12 February 2007. j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application and a copy of her DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None stated. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. AR 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of her under other than honorable conditions discharge to uncharacterized and a narrative reason change. The applicant’s available record of service, the issues and documents 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 her discharge from the Army. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant contends she was following orders of her superiors and was denied an attorney during the separation process. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with her overall service record. The applicant contends the narrative reason for her discharge should reflect uncharacterized. However, the SPD code of "KFS" is the appropriate code to assign enlisted Soldiers who are discharged for in lieu of trial by court-martial offenses. The regulation further stipulates no deviation is authorized. 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 AR20150016590 1