1. Applicant's Name: a. Application Date: 2 July 2016 b. Date Received: 14 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, she went AWOL due to an emergency family matter, she was unable to attend to her sister who was being molested and was scared to tell anyone but her. She is older and wiser now and this country could use her help. She desires to further her education and become successful. She requests an upgrade to reenter the military or get a new job within the government. In a records review conducted at Arlington, VA on 27 September 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's severe family matters, post-service accomplishments and circumstances surrounding the discharge and AWOL (i.e. entry-level Soldier who voluntarily returned from period of AWOL) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a change to the characterization of service to uncharacterized. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. This Board action entails restoration of grade/rank 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: 27 March 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 22 January 2009 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicate on 22 January 2009, the applicant was charged with being AWOL (13 December 2008 until 19 January 2009). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 22 January 2009, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 March 2009 / Under Other Than Honorable Conditions / the applicant was reduced to the lowest enlisted rank. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 July 2008 / 4 years b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 7 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL for 36 days (31 December 2008 until 8 January 2009); surrendered to military authorities. Also, she had 64 days of excess leave (23 January 2009 until 27 March 2009). j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 293, one signed and one unsigned (four pages); and two letters, Director, Case Management Division. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in her application she has worked a corporate job for over five years, been a model citizen in her church and apart of the big brother / sister program. 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 although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant's record of service, 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. 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. Her 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 at the time of discharge. The applicant seeks relief contending, she went AWOL due to an emergency family matter, she was unable to attend to her sister who was being molested and was scared to tell anyone but her. She had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant further contends, she is older and wiser now and this country could use her help. 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 desires to further her education and become successful. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant requests an upgrade to reenter the military or get a new job within the government. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 27 September 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's severe family matters, post-service accomplishments and circumstances surrounding the discharge and AWOL (i.e. entry-level Soldier who voluntarily returned from period of AWOL) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a change to the characterization of service to uncharacterized. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. This Board action entails restoration of grade/rank 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. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160012952 1