1. Applicant’s Name: a. Application Date: 29 October 2015 b. Date Received: 2 November 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 and changes to the narrative reason for his separation and reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that he would like an upgrade for the purpose of being able to enlist in the Army National Guard. The applicant contends there is no justification for his actions of going AWOL. He can only say that since 2006, he has drastically changed his life. In 1998, he was 20 years old when he decided to go AWOL due to a couple of factors - a repetitive knee injury that the medical staff would not allow to heal properly before removing his profile and he would reinjure quickly and his problem with alcohol. Being immature, the applicant thought the solution to his problems was to leave or quit. He contends at the time of discharge, he initially attempted to ask the Commander to allow him to complete his enlistment. He listened to his attorney and asked for the Chapter 10 discharge; however, the significance of this action and its impact was never explained. He is now a more mature adult who is looking to correct the mistake of his life. In a records review conducted at Arlington, VA on 7 December 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: 14 April 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 1 March 2006, reflects the applicant was charged with violation of the UCMJ, Article 86, AWOL. (2) Basis for Separation: The applicant was informed of the following reason: Charge: Violation of the UCMJ, Article 86, AWOL (16 September 1998 to 13 December 2005) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 March 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 March 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 June 1996 / NIF b. Age at Enlistment / Education / GT Score: 17 / NIF /NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / MOS?/ Bradley Fighting Vehicle System Maintainer / 2 years, 5 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Four DA Forms 4187, dated between 16 September 1998 and 2 March 2006, indicates the applicant’s duty status changed as follows: from “Present for Duty (PDY)” to “AWOL,” effective 16 September 1998 from “AWOL” to “Dropped From Rolls (DFR),” effective 15 October 1998 from “DFR” to “Confined Military Authorities (CMA),” effective 6 January 2006 from “CMA” to “PDY,” effective 6 January 2006. Charge Sheet described at the preceding paragraph 3c (2). i. Lost Time / Mode of Return: 2,656 days (AWOL, 16 September 1998 to 13 December 2005) / The applicant was apprehended by civilian authorities j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has become an active member in his church, a volunteer at his local Humane Society, as well as a volunteer baseball coach for three years. He has become a mature and positive person in the community. 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. 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 "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. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and changes to the narrative reason for his separation and reentry eligibility (RE) code. The applicant’s record of service, the documents and the issues submitted with the application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of several offenses punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of his discharge. The applicant requested a change to his narrative reason for the discharge and reentry eligibility (RE) code. However, the appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged in lieu of trial by court-martial is “KFS” and the RE code is 4. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his discharge was the result of a repetitive knee injury that the medical staff would not allow to heal properly and his problems with alcohol. Being immature he though the solution to his problems was to leave or quit. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service. The applicant 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. He contends at the time of discharge he attempted initially to ask the Commander of the unit to allow him to complete his enlistment. He listened to his attorney and asked for the Chapter 10 discharge in lieu of court-martial, but the entire significance of this action and how it would impact his life in the future was never explained. However, evidence in the records shows the applicant on 15 March 2006, in his request for discharge in lieu of trial by courts-martial indicated he was afforded the opportunity to consult with appointed counsel and that he was fully advised of the nature of his rights under the Uniform Code of Military Justice, the elements of the offense with which he was charged, and explained the entire significance of the discharge. The applicant seeks relief contending, since his discharge he has drastically changed his life. The applicant’s post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on his accomplishments. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to enlist in the Army National Guard. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. 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 7 December 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: Microsoft Office Signature Line... 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