1. Applicant's Name: a. Application Date: 7 October 2016 b. Date Received: 17 October 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 honorable. The applicant seeks relief contending, in effect, he desires to have a new start in life. The applicant raised no issues of propriety or equity for the Board's consideration. In a records review conducted at Arlington, VA on 5 January 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, Chapter 10, b. block 26, separation code changed to KFS, c. block 28, narrative reason for separation changed to In Lieu of Trial by Court-Martial. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / Under Other Than Honorable Conditions / Blocks 25, 26 and 28 of the applicant's DD Form 214, have erroneous entries. The separation authority approved the applicant's separation under AR 635-200, Chapter 10, In Lieu of Trial by Court-Martial / KFS / RE-4 / Under Other Than Honorable Conditions. b. Date of Discharge: 26 April 2010 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 29 March 2010, the applicant was charged with: Violating Article 86, UCMJ, five specifications for being AWOL from: From 29 December 2009 to 26 January 2010; From 1 February 2010 to 8 March 2010; From 10 March 2010 to 12 March 2010; From 22 March 2010 to 24 March 2010; and, On 15 March 2010. Violating Article 112a, UCMJ, two specifications: for wrongfully using marijuana between 7 February 2010 and 9 March 2010; and, 27 December 2009 and 26 January 2010. (2) Legal Consultation Date: 1 April 2010 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 15 April 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2008 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 86 c. Highest Grade Achieved / MOS / Total Service: E-2 / 21B10, Combat Engineer / 1 year, 3 months, 17 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 as described in previous paragraph 3c. FG Article 15, dated 3 June 2009, for failing to go at the time prescribed to his appointed place of duty (16 May 2009); breaking restriction (16 May 2009); failing to go at the time prescribed to his appointed place of duty (11 May 2009); and, disrespectful deportment towards 1SG P. The punishment consisted of a reduction to E-1; forfeiture of $700 pay per month for two months (suspended); and, extra duty and restriction for 45 days. CG Article 15, dated 16 September 2009, for failing to go at the time prescribed to his appointed place of duty (14 August 2009). The punishment consisted of extra duty for 14 days. CG Article 15, dated 18 December 2009, for disrespectful deportment towards MSG J (7 December 2009). The punishment consisted of a reduction to E-1 and extra duty for 14 days. Eight Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 29 December 2009; From "AWOL" to "PDY," effective 26 January 2010; From "PDY" to "AWOL," effective 2 February 2010; From "AWOL" to "PDY," effective 8 March 2010; From "PDY" to "AWOL," effective 9 March 2010; From "AWOL" to "PDY," effective 12 March 2010; From "PDY" to "Military Confinement," effective 25 March 2010; and, From "Military Confinement" to "Civil Confinement," effective 15 April 2010. Electronic Copy of DD Form 2624, dated 4 February 2010, reflects the applicant tested positive for THC 365 (marijuana), during an Inspection Other (IO) urinalysis testing, conducted on 26 January 2010. Electronic Copy of DD Form 2624, dated 18 March 2010, reflects the applicant tested positive for THC 221 (marijuana), during an Inspection Other (IO) urinalysis testing, conducted on 9 March 2010. CG Article 15, dated 23 April 2009, for failing to go at the time prescribed to his appointed place of duty (16 March 2009); and, for disobeying a lawful order (5 March 2009). The punishment consisted of a forfeiture of $326 pay; and, extra duty and restriction for 14 days. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 95 days (AWOL, 29 December 2009 - 25 December; 1 February 2010 - 7 March 2010; 9 March 2010 - 11 March 2010); Military Confinement - Civilian Confinement (25 March 2010 - 26 April 2010) / NIF 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 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 that 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 his under other than honorable conditions discharge to honorable conditions. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant raised no issues of propriety or equity for the Board's consideration 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. His 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 and it does not support an upgrade to an honorable or a general. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, Separation Authority as Paragraph 14-12c (2); Block 26, Separation Code (SPD) as "JKK;" and, Block 28, Narrative Reason For Separation as "Misconduct (Drug Abuse)." The discharge packet confirms the separation authority approved the discharge by reason of in lieu of trial by court-martial, under AR 635-200, Chapter 10. Soldiers processed for in lieu of trial by court-martial will be assigned an SPD Code of "KFS" and a Narrative Reason for Separation of "In Lieu Of Trial By Court-Martial." The applicant contends that an upgrade of his discharge will allow him a new start in life. However, the Board does not grant relief for the purpose of gaining employment or enhancing life opportunities. Notwithstanding the administrative errors, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 5 January 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, Chapter 10, b. block 26, separation code changed to KFS, c. block 28, narrative reason for separation changed to In Lieu of Trial by Court-Martial. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: In Lieu of Trial by Court Martial d. Change Authority to: AR 635-200, Chapter 10 e. Change SPD / RE Code to: Change SPD to KFS / No Change to RE code 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 AR20160019138 1