1. Applicant's Name: a. Application Date: 28 November 2015 b. Date Received: 7 December 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 general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, at the time of his absence he had permission from SSG H at Schofield Barracks. The applicant indicated that the Board should refer to "345 / BVH / NONR, dated March 20, 2015," for more information concerning his request. However, the document was not included with his application. The applicant states that he served in OIF and due to combat, he was medevac with a service-connected disability injury. In a records review conducted at Arlington, VA on 8 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: 10 December 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 17 September 2010, reflects the applicant was charged with violation of the UCMJ, Article 86. (2) Basis for Separation: The applicant was informed of the following reason: Charge: Violation of the UCMJ, Article 86, AWOL (28 June to 1 September 2010) (3) Legal Consultation Date: 17 September 2010 (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 18 November 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 July 2008 / 5 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 2 years, 2 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (8 August 2009 to 21 December 2009) (Note: Based on TCS Orders C2-166-027, dated 15 June 2009, the applicant deployed to Camp Taji, Iraq ISO OIF on or about 8 August 2009 and was MEDEVAC back to Tripler Army Hospital on 21 December 2009. This deployment is not reflected on the applicant's DD Form 214) f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge Sheet described in preceding paragraph 3c(2). Charge Sheet, dated 30 July 2010, reflects the applicant had charges pending, however it is unclear if the following charges were preferred: violation of the UCMJ, Article 85, for without authority absent himself from his unit in desertion (27 June 2010); violation of the UCMJ, Article 92, for wrongfully possessing drug paraphernalia (19 July 2010); and, violation of the UCMJ, Article 112a, for wrongfully possessing an unknown quantity of methamphetamine (19 July 2010). Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 28 June 2010; From "AWOL" to "Dropped From Rolls (DFR)," effective 29 July 2010; and, From "DFR" to "PDY," effective 1 September 2010. i. Lost Time / Mode of Return: 65 days (AWOL, 28 June to 1 September 2010) / surrendered to military authorities (Note: Blocks 12c and 29, of the applicant's DD Form 214, does not reflect lost time) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 and DD Form 293 (Note: No supporting documents were received with his application) 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his application. 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, that 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 that 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 his under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense 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 and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends that he was told by an NCO that it was alright for him to leave his unit. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. The applicant's statement alone does not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. Further, 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 his overall service 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 8 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 AR20160000138 1