1. Applicant's Name: a. Application Date: 19 October 2016 b. Date Received: 3 November 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) and a narrative reason change. The applicant seeks relief contending, in effect, his court-martial sentence was not to be discharged for AWOL, but rather was time served, as he was incarcerated before the court-martial. He served his time in incarceration for his misconduct. He states, his unit was transitioning to Washington State and the commander did not want him to continue his term with the unit and recommended his termination. He was court-martialed for going to Puerto Rico, which was his country of origin, to get married, but after his wedding a storm hit Puerto Rico and he was scared to return to his unit. In a records review conducted at Arlington, VA on 24 January 2018, 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: Misconduct / AR 635-200 / Chapter 14-12c (1) / JKD / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 29 April 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 April 2005 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14, Paragraph 14-12c (Commission of a Serious Offense), the applicant was informed of the following reasons: He was absent without leave from 23 June 2004 to 18 August 2004 and from 13 September 2004 to 18 November 2004. He wrote nine worthless checks for an amount totaling $11,800.00. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 14 April 2005 (5) Administrative Separation Board: On 14 April 2005, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: On 26 April 2005, the separation authority approved the applicant's unconditional waiver and directed his discharge under the provisions of AR 635-200, Chapter 14-12c (Commission of a Serious Offense). / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 August 2003 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-2 / 25U10, Signal Support System Specialist / 1 year, 6 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge Sheet, dated 29 July 2004, reflects the applicant was charged with a violation of the UCMJ, for without authority absent himself from his unit from 23 June 2004 to on or about 22 July 2004. Six Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 23 June 2004; From "AWOL" to "Dropped From Rolls (DFR)," effective 22 July 2004; From "DFR" to "PDY," effective 18 August 2004; From "AWOL" to "DFR," effective 13 September 2004; From "DFR" to "PDY," effective 18 November 2004; and, From "PDY" to "AWOL," effective 5 February 2005. Report of result of Trial, reflects the applicant was tried in a Special Court-Martial on 11 January 2005. The applicant was charged with two specifications of violation of Article 86, UCMJ, AWOL. The applicant was found guilty, consistent with the plea on both specifications. The Sentence consisted of a reductions to t E-1; forfeiture $822 pay for four months; and, confinement for 60 days. The applicant served 49 days of pre-trial confinement and was administratively credited with 11 days confinement. Mental Status Examination, dated 17 February 2005, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Military Police Report, dated 11 March 2005, reflects the applicant was apprehended for the offense of Worthless Checks (Off Post). Special Court-Marital Order Number 5, dated 21 March 2005, reflects the applicant was found guilty of two specifications of AWOL as previously described. CID Report of Investigation - Initial Final, dated 13 April 2005, reflects an investigation established probable cause to believe the applicant committed the offense of Larceny of Private Funds and Making or Uttering Worthless Checks, when he admitted he negotiated eleven personal checks totaling $11,200.00 on a closed account. The estimated loss to Sabine State Bank was $11,200.00. i. Lost Time / Mode of Return: 55 days (AWOL, 23 June 2004 - 17 August 2004) / Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. Paragraph 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14c (1), Misconduct (AWOL). 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends his commander did not want him to continue with his unit and recommended his discharge. Additionally, he contends he should not have been discharged for being AWOL because his court-martial sentence did not direct his separation. However, the punishment the applicant received as the result of the court-martial sentence is separate from the administrative separation he received because of his misconduct. 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 the narrative reason for the discharge should be changed because his court-martial sentence did not direct his discharge. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c (1), AR 635-200 with a under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct," and the separation code is "JKD." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, the governing regulation in effect at the time of the applicant's discharge, reflects the narrative reason would be the same for all separations under chapter 14-12c and sub-paragraphs. 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 24 January 2018, 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160017276 4