1. Applicant's Name: a. Application Date: 14 April 2016 b. Date Received: 19 April 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 effect, he would like an upgrade of his discharge for the purpose of being able to obtain employment in the law enforcement field. He contends his going AWOL was the result of his need to care for his terminal ill father who passed away on 31 December 2009. At the time of his AWOL he was the only person that was helping his mother take care of his father physically and financially. His siblings were on drugs, not working, and in and out of jail/prison. He asked his chain of command for help but none was rendered although he provided documents i.e., doctors and Red Cross papers, and letters from his pastor. He contends he requested emergency leave for 14 days and when he arrived home seeing the family in the condition they were it burden his heart. So by seeing his mother struggling to take care of his father who had lost one leg and then the other he could not bare it anymore so he stayed. He contends it was probably wrong for him not to return and he is sorry but as a good son he stayed to take care of his parents. He regrets leaving the Army because he wanted to retire but at the time he just felt no one was helping him when he was reaching out. He believes he is not a bad person, he did not get into or cause trouble in his community, he just wants to help the community but in order to do that he has to help himself first. He was not running or hiding from the military and every job he had he paid taxes and child support. In a records review conducted at Arlington, VA on 19 July 2016, 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: 23 July 2014 c. Separation Facts: (1) Date Charges Were Preferred ate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 1998 / 3 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 6 years, 3 months, 6 days d. Prior Service / Characterizations: ARNG, 28 November 1994 to 8 February 1995 / NA IADT, 9 February 1995 to 26 May 1995 / HD ARNG, 27 May 1995 to 12 June 1997 / NIF USARCG, 13 June 1997 to 13 January 1998 / NA ARNG, 14 January 1998 to 29 December 1998 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, ASR, ARCOTR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: AWOL 4,889 days (24 January 2001 to 13 June 2014) / mode of return unknown. The DD Form 214 also includes 27 days of excess leave (27 June 2014 to 23 July 2014) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; copy of his resume; letters of support/recommendation; certificate of training; DA Form 31 (Request and Authority for Leave); certificate of death for J.L.C.; doctor's statements; and laboratory report. 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. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions were carefully considered. However, the merit of these contentions cannot be established because the facts and circumstances leading to the discharge are unknown. Also there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance, it is his responsibility to meet the burden of proof since the evidence is not available in the official record. The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to obtain employment in the law enforcement field. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 July 2016, 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160008454 3