1. Applicant's Name: a. Application Date: 22 January 2015 b. Date Received: 16 March 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to uncharacterized and a charge to his narrative reason for separation to secretarial authority. The applicant submitted no issues of equity or propriety to be considered by the board. In a records review conducted at Arlington, VA on 10 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: 21 January 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 19 November 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 (7 April 2004 to 4 November 2008) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 November 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 January 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 April 2004 / 5 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-2 / 31B10, Military Police / 2 months, 18 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 9 April 2004 and 17 November 2008, reflects the applicant duty status changed as follows: from "Assigned not Joined" to "AWOL," effective 7 April 2004 from "AWOL" to "Dropped from Rolls (DFR)," effective 7 May 2004 from "DFR" to "Attached / Present for Duty," effective 4 November 2008 i. Lost Time / Mode of Return: 1,771 days (AWOL, 7 April 2004 to 3 November 2008) / apprehended by civilian authorities. 62 days (Excess leave, 21 November 2008 to 21 January 2009) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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 an upgrade of his under other than honorable conditions discharge to uncharacterized and a charge to his narrative reason for discharge to secretarial authority. 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 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. 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 submitted no issues of equity or propriety to be considered by the board. 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 10 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 AR20160005977 3