1. Applicant's Name: a. Application Date: 6 January 2016 b. Date Received: 29 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board will consider him for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant seeking relief, did not provide any issues of equity or propriety for the Board's consideration. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 21 July 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 June 2008 (2) Basis for Separation: The applicant was informed of the following reasons: AWOL (8 August 2007t until 8 February 2008) and through design, he missed movement of his unit to Iraq; and, he was tried, pled guilty, and found guilty of the charges by a Summary Court-Martial on 22 May 2008. He received a sentence of a reduction to E-1, forfeiture of $867, and 30 days of confinement. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 17 June 2008 (5) Administrative Separation Board: Waived unconditionally, 17 June 2008 (Pursuant to the applicant's "Offer to Plead Guilty," dated 26 March 2008, a pretrial agreement upon referral of the charges to a Summary Court-Martial) (6) Separation Decision Date / Characterization: 14 July 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 July 2006 / 3 years, 19 weeks (date of enlistment according to his enlistment contract; however, his DD Form 214 reflects 25 January 2007, due to lost time) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-2 / 19D10, Cavalry Scout / 1 year, 5 months, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Return of Absentee, dated 30 January 2008, indicates the applicant was apprehended by civil authorities on 30 January 2008 and returned to military control. MP Report, dated 8 August 2007, reflects the applicant was the subject of an investigation for desertion and surrendering to military authorities, and reported that the applicant had surrendered to his unit on 8 February 2008. Negative counseling statement for being AWOL; desertion; being under orders to deploy in support of OIF; and missing movement. Charge Sheet reflects the applicant was charged on 6 March 2008 with violating Article 86, UCMJ, for being AWOL on 8 August 2007 until 8 February 2008, and violating Article 87, UCMJ, for missing movement by design on 5 September 2007, and referred to a summary court-martial on 20 May 2008. Report of Result of Trial reflects the applicant was found guilty of the aforementioned charges on 22 May 2008. The punishment consisted of a reduction to E-1, forfeiture of $867, and 30 days of confinement. Report of Mental Status Evaluation, dated 28 February 2008, reflects the applicant was psychiatrically cleared for any administrative or judicial actions deemed appropriate by his command. i. Lost Time / Mode of Return: 185 days (AWOL, 8 August 2007 to 8 February 2008) / apprehended by civil authorities and returned to military control; however, MP Report indicates the applicant surrendered to his unit on 8 February 2008 j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by DoDI 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable. The record further confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. 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 Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160003556 1