1. Applicant's Name: a. Application Date: 13 October 2015 b. Date Received: 16 October 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he would like an upgrade for the purpose of being able to find a better job, to provide for his family, have a sense of stability, and a second chance to be able to reenlist. The applicant states that at the time he went AWOL, it was a stressful time for him. His son became really sick from the mold that had developed in their apartment and he had ongoing financial issues that needed to be addressed in person. The applicant regrets his decision to go AWOL as it has negatively affected job opportunities that he really wants such as law enforcement and customs border patrol. Reenlisting into the military has also been affected by his discharge. The applicant contends that when he switched from the National Guard to Active Duty, he left with an honorable discharge and an exceptional record. He would like his short active duty career to reflect the same. In a records review conducted at Arlington, VA on 15 February 2017, 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: 28 November 2011 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: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 May 2011 / 3 years (The DD Form 214 reflects the applicant entered AD on 23 September 2008; however, the enlistment contract reflects an enlistment date of 5 May 2011.) b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 2 years, 10 months, 25 days d. Prior Service / Characterizations: ARNG, 12 September 2008 to 27 November 2008 / NA ADT, 28 November 2008 to 25 March 2009 / UNC ARNG, 26 March 2009 to 4 May 2011 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action forms, dated between 29 June 2011 and 23 September 2011, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 28 June 2011 From "AWOL" to "Dropped from Rolls (DFR)," effective 28 July 2011 i. Lost Time / Mode of Return: 114 days (AWOL, 28 June 2011 to 19 October 2011) / NIF 33 days (Excess Leave, 27 October to 28 November 2011) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; request for documents from the National Personnel Records Center; Discharge Orders 322-0170; ARNG Current Annual Statement; DD Form 214s for period ending 25 March 2009 and 28 November 2011. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that 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. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant's available record of service, the documents and the issues submitted with the 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 at the time he went AWOL, it was a stressful time for him due to family and financial issues. The applicant's contentions were noted; however, the merit of his contentions cannot be established because the facts and circumstances leading to the discharge are unknown. 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 statement alone does 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 expressed his desire for an upgrade for the purpose of being able to find a better job, to provide for his family, have a sense of stability, and a second chance to be able to reenlist. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. At the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. If the applicant desires a personal appearance, it is his responsibility to meet the burden of proof since the evidence is not available in the official record. The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 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 15 February 2017, 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: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150017428 1