1. Applicant's Name: a. Application Date: 3 February 2016 b. Date Received: 8 February 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). The applicant seeks relief contending, in effect, he was approved for family hardship leave while in Korea and upon his arrival at home, all medical professionals made it quite clear that if he were to return to Korea and leave his wife at home alone, she would require constant inpatient hospitalization due to her anxiety. The applicant details the chain of events that transpired from Fort Bragg delaying his request to signing in to a unit, to his current unit denying his leave extension, to Fort Knox legal misleading him to believe that his only option was take a Chapter 10. The applicant contends that his service was exemplary and that he did what he was advised to do by all senior NCOs in an attempt to continue to make the right decisions. The applicant does not believe a court-martial was necessary and that it is of his opinion that a Chapter 6 or a Chapter 13, should have been applied in his case. Since the reason for his discharge revolved around a family hardship, the applicant would like for the Board to consider changing his discharge to a Chapter 6. In a records review conducted at Arlington, VA on 19 April 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: 9 July 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 9 August 2007, 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 (3 December 2000 to 7 August 2007) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 August 2007 (5) Separation Decision Date/Characterization: 17 October 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 April 1997 / 6 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B10, Infantryman / 7 years, 7 months, 27 days d. Prior Service / Characterizations: RA, 9 July 1993 to 10 April 1997 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: September 1998 thru August 1999, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c(2). FG Article 15, dated 17 December 1999, for going AWOL (15 to 18 November 1999) and failing to sign back in from leave before 2400 hours. The punishment consisted of a reduction to E-4, forfeiture of $742 pay per month for two months (suspended), extra duty for 45 days, and restriction for 45 days (suspended). Two Personnel Action forms reflect the applicant's duty status changed from "Ordinary Leave" to "AWOL," effective 3 December 2000, from "DFR" to "Attached/Present for Duty," effective 7 August 2007. The applicant surrendered to military authorities. i. Lost Time / Mode of Return: 2,437 days (AWOL, 3 December 2000 to 6 August 2007) / surrendered to military authorities 93 days (Excess leave, 10 August 2007 to 9 November 2007) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the 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). 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 had a family hardship that affected his behavior and ultimately caused him to be discharged. However, he 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. The applicant contends that he had exemplary service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends he should have had legal advice as soon as he found out his wife's situation and that being separated under a Chapter 10 discharge was not appropriate. However, the service record reflects the applicant voluntarily requested a discharge in lieu of trial by court marital. 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 19 April 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 AR20160003005 1