1. Applicant's Name: a. Application Date: 7 December 2015 b. Date Received: 9 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under honorable conditions discharge to uncharacterized and a change to the narrative reason for separation to "Entry Level Separation." The applicant seeks relief contending, in effect, he was supposed to join the Army upon completion of his college education but instead, the recruiter wanted him to leave halfway through his tuition. The applicant contends his discharge was the result of being deceived by his recruiter into joining the US Army and when he asked to be removed from the list of shipping he was given inaccurate information on how to get out of the Army. It should be noted that although the DD Form 214 under review reflects the applicant was discharged with a characterization of service of under other than honorable conditions; evidence in the record reflects the separation authority approved the discharge as general (under honorable conditions). In a records review conducted at Arlington, VA on 21 April, 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: 27 August 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 30 June 2008, 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 I: Violation of the UCMJ, Article 86, AWOL (31 January 2005 to 20 June 2008) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 30 June 2008 (5) Separation Decision Date/Characterization: Undated / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 January 2005 / 3 years, 26 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Three Personnel Action forms, dated between 3 May 2007 and 26 June 2008, reflect the applicant duty status changed as follows: from "Assigned not Joined" to "AWOL)" effective 1 January 2005 From "AWOL" to "Dropped from Rolls (DFR)," effective 3 March 2005 from "DFR," to "Present for Duty," effective 20 June 2008 i. Lost Time / Mode of Return: 1,226 days (AWOL, 31 January 2005 to 19 June 2008) / apprehended by civilian authorities 58 days (Excess leave, 1 July 2008 to 27 August 2008) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; college transcript; and DD Form 214. 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 honorable conditions discharge to uncharacterized and a change to the narrative reason for separation to "Entry Level Separation." 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 and 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. It should be noted that although the DD Form 214 under review reflects the applicant was discharge with a characterization of service of under other than honorable conditions; evidence in the record shows the separation authority approved the discharge as general (under honorable conditions). The evidence of record shows the applicant was in an entry-level status when he returned from a period of AWOL (i.e., he had completed less than 180 days of continuous active duty). The applicant was charged with AWOL, and while still in an entry-level status voluntarily requested discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In essence the applicant's separation action was initiated while the applicant was in an entry-level status and command had the option to characterize his service under other than honorable conditions or to describe his service as uncharacterized. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when his separation is initiated while the Soldiers is in entry level status. The separation authority's memorandum shows that it was directed that the applicant's characterization of service be characterized as general (under honorable conditions). However, a general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The available record shows that no such unusual circumstances were present and his service did not warrant an honorable discharge. Also, an uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his character of service to be rated as honorable or otherwise. The appropriate SPD code and narrative reason for discharge 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, in effect, he was supposed to join the Army upon completion of his college education, instead the recruiter wanted him to leave halfway through his tuition. He contends his discharge was the result of being deceived by his recruiter, into joining the US Army and when he asked to be removed from the list of shipping he was given inaccurate information on how to get out of the Army. The applicant's contentions were noted; however, evidence in the records shows the applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial. It was noted in a letter from the applicant at the time of initiation of separation action that when he decided not to report to basic training he know he was wrong and that he knew he was AWOL. Although the applicant contends he was deceived by his recruiter; there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was deceived by his recruiter. The applicant's statements 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. 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 21 April, 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 AR20160002957 3