1. Applicant's Name: a. Application Date: 26 August 2016 b. Date Received: 12 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, he desires the upgrade in order to become a police officer. He states, he was physically and severely abused by platoon sergeants and other trainees. He tried to contact the military police and the chaplain, but he was not allowed to speak to them. He would not have left Fort Benning, if he would not have been mistreated. He did not go AWOL because he did not want to be there, he went AWOL because he did not want to be abused anymore. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV reviewed. AHLTA contains no information concerning any Behavioral Health issues. JLV indicates applicant has been diagnosed with PTSD and rule out Schizoaffective Disorder (he has history of auditory and visual hallucinations and paranoid ideation). His index trauma involved physical and sexual assault. He reports he went AWOL to escape the abuse. During his VA psych evaluation, he began crying and assumed an odd posture with his neck and face when discussing the trauma. Based on the information currently available, the applicant has a mitigating Behavioral Health disorder-PTSD. As PTSD is associated with avoidant behaviors, there is a nexus between his PTSD and the offense of being Absent Without Leave. In a records review conducted at Arlington, VA on 22 September 2017, and by a 4-1 vote, the Board determined the discharge was too harsh based on the applicant's circumstances surrounding his discharge and periods of AWOL (i.e. post-service diagnosis of OBH and PTSD; rule out schizoaffective disorder). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable, changing the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Entry Level Performance and Conduct / AR 635-200 / Chapter 11 / JGA / RE-3 / Uncharacterized b. Date of Discharge: 12 June 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 May 2014 (2) Basis for Separation: The applicant was informed of the following reasons: He absented himself from his appointed place of duty, without authority, on or about 21 April 2014 and remained absent until he turned himself in to the Fort Campbell, Kentucky, Military Police Station on or about 20 May 2014. On or about 23 May 2014, he again, left his appointed place of duty, without authority, and remained absent until he returned to his assigned unit, F Company, 2d Battalion, 19th Infantry Regiment, Fort Benning, Georgia, on or about 24 May 2014. On 25 May 2014, he attempted to leave his assigned unit, without authority, but he was found near the I-185 interstate in Columbus, Georgia, at which time he was returned to military control. His continuous misconduct did not warrant continued service in the U.S. Army. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 28 May 2014, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: May 2014 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 February 2014 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 3 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: The applicant's service record reflects he was awarded the NDSM, however, this award is not reflected on his DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Department of Defense Report of Result of Trial, dated 17 April 2014, reflects the applicant was charged with: Violation of Article 86, UCMJ: Specification I: Go from his appointed place of duty, without authority (19 February 2014). The applicant was found guilty consistent with his plea. Specification II: Go from his appointed place of duty, without authority (21 February 2014). The applicant was found guilty consistent with his plea. The sentence consisted of a forfeiture of $400. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 21 April 2014; and, From "AWOL" to "PDY," effective 24 May 2014. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 33 days (AWOL, 21 April - 24 May 2014) / Surrendered to the military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. Chapter 11 of AR 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). An uncharacterized service description is normally granted to Soldiers separating under this chapter. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable conditions. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the uncharacterized description of service accurately reflects the applicant's overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. The applicant contends that he was physically and mentally abused by his platoon sergeants and other trainees; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, 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. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. Further, 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 character of the applicant's discharge is commensurate with his overall service record. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. 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 22 September 2017, and by a 4-1 vote, the Board determined the discharge was too harsh based on the applicant's circumstances surrounding his discharge and periods of AWOL (i.e. post-service diagnosis of OBH and PTSD; rule out schizoaffective disorder). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable, changing the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ Change to RE code to 1 f. Restore 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 AR20160012847 1