1. Applicant's Name: a. Application Date: 21 January 2016 b. Date Received: 7 March 2016 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 pertinent part and in effect, documentary evidence of his father's statement and medical records would describe that his claim is based on procedural impropriety. The chronological sequence of events documents the applicant's medical history from his enlistment date through December 1999. The applicant's father contends the applicant developed hypertension and a medical report stated he was not suitable for military duty, and that he should be discharged. However, the Army continued to train and sent him to Egypt, where he drove vehicles under extremely hot conditions causing him to develop a malignant hypertension, and he was airlifted back to the States. He advised his son to continue with returning to the clinic for additional medications since his blood pressures remained unacceptably elevated. But instead, the applicant went AWOL to seek civilian health care, and remained AWOL until his hypertension was well under control-he returned to the Army voluntarily. In a records review conducted at Arlington, VA on 17 May 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: 30 November 2001 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 25 January 2001, the applicant was charged with the following: Charge: Violation of Article 86 UCMJ, for being AWOL on 4 January 2000, and remained absent until 22 January 2001. (2) Legal Consultation Date: 26 January 2001 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 7 May 2001 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 February 1999 / 3 years b. Age at Enlistment / Education / GT Score: 31 / 14 years / 101 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 1 year, 9 months, 3 days (includes 309 days of involuntary excess leave from 26 January 2001 to 30 November 2001, creditable for all purposes, except pay and allowances) d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge Sheet described at the preceding paragraph 3c(1) Report of Return of Absentee, dated 22 January 2001, indicates the applicant surrendered to military authorities on 22 January 2001, at Fort Lewis, WA. i. Lost Time / Mode of Return: 482 days (AWOL: 6 January 2000 until 21 January 2001) / Surrendered to military authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 21 January 2016; Pre-Separation Counseling Checklist; Personnel Qualification Record, dated 10 February 1999; Claim of Procedural Impropriety with Sequence of Events; applicant's father-authored statement; memorandum for record, dated 9 April 1999, subject: Trainee Record; medical records, dated 22 and 27 April 1999; extract copy of AR 40-501, page 7; History and Physical, dated 19 April 1999; EPSBD Proceedings, dated 27 April 1999; Screening Note of Acute Medical Care, dated May 1999; medical record, dated 9 September 1999; memorandum for health care providers, dated 10 September 1999; medical records, dated 13, 20, 21, and 26-28, September 1999; Personal Data, dated 1 October 1999; Aeromedical Evacuation Patient Record, dated 5 October 1999; medical record, dated 6 October 1999; memorandum for health care providers, dated 13 October thru 15 December 1999; medical records, dated 15 October 1999, 15 December 1999; Individual Sick Slip, dated 15 December 1999; and USMEPCOM, dated 4 February 1999. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. AR 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 an upgrade of his under other than honorable conditions discharge to honorable. The applicant's record of service, and 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. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran's benefits. 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. The applicant contends the discharge was improper because when he developed hypertension, and although a medical report stated he was not suitable for military duty and that he should be discharged, the Army continued to train and sent him to Egypt, where driving vehicles under extremely hot conditions caused him to develop a malignant hypertension; under that medical condition, he was airlifted back to the States; and although his father advised him to continue with returning to the clinic for additional medications since his blood pressures remained unacceptably elevated, he went AWOL to seek civilian health care, and remained AWOL until his hypertension was well under control when he returned to the Army voluntarily. However, 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. Regarding the applicant's documentary evidence of his medical issues, a careful review of the available record and the applicant's documentary evidence indicates the applicant's medical issues existed. If the Board determines the applicant's health issues were significant contributing factors to his misconduct, it can consider appropriate relief by changing the reason for separation and/or the characterization of service 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 17 May 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 AR20160005782 4