1. Applicant's Name: a. Application Date: 11 January 2016 b. Date Received: 4 February 2014 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 a change to an uncharacterized discharge. The applicant also requests a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of obtaining employment as a teacher. He contents he was denied a teaching certification in the state of Georgia because of his Army discharge. He was told that if he were to get an upgrade of his discharge he would be able to receive his teaching certificated and be employed as an educator in the state of Georgia. He contends he went AWOL as a result of his youth, inexperience, and emotional immaturity. In a records review conducted at Arlington, VA on 21 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and his post-service accomplishments as annotated in the case report and directive, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to uncharacterized. The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-2/PV2 (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: 12 December 2008 c. Separation Facts: (1) Date Charges Were Preferred: 9 October 2008 (2) Basis for Separation: The evidence of record contains a DD Form 458 (Charge Sheet) which indicated on 9 October 2008, the applicant was charged with being absent from his unit from 26 August 2008 until his return on 5 October 2008. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 October 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 November 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 July 2008 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / 88M10, Motor Transport Operator / 3 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: AWOL 40 days (26 August 2008 to 4 October 2008) / the applicant was apprehended by civilian authority. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; letter from principal at high school; letter from pastor; diploma from Georgia Gwinnett College; certificated of naturalization; correspondence from Georgia Professional Standards Committee regarding loss of teaching certificate; and Army Discharge Review Board Case number AR 2003097384. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has earned a Bachelor's of Science degree in Special Education, received naturalization (citizenship), and earned the right to vote. 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 and upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or a change to uncharacterized and a change to his narrative reason for discharge. 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. The 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 AR 635-200, Chapter 10, 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 Soldier's service will be uncharacterized when his separation is initiated while the Soldiers is in entry level status. The applicant by absenting himself from his unit without proper authority constituted an act of serious misconduct. Further, 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 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 his youth, inexperience, and emotional immaturity were the reason leading to him going AWOL and later being discharged. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant expressed his desire for an upgrade of his discharge for the purpose of obtaining employment as a teacher. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 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 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and his post-service accomplishments as annotated in the case report and directive, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to uncharacterized. The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-2/PV2 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Uncharacterized c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. Restore (Restoration of) Grade to: E-2/PV2 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 AR20160003778 4