1. Applicant's Name: a. Application Date: 15 December 2016 b. Date Received: 19 December 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) or uncharacterized and a change to his narrative reason for discharge to entry level separation. The applicant seeks relief contending, in effect, that his discharge was inequitable. He contends he purposely waited almost 15 years to apply for an upgrade of his discharge. Since the time of his discharge he has not been arrested or had a speeding ticket. He has gone to tradesmen schools and received numerous licenses which all required background checks which he passed. He has never missed a payment on anything and his credit reflects that. He recently received an outstanding bill for when he was on excess leave while still enlisted and he paid that immediately. He has purchased a home and started a family. He got married in 2005 and welcomed his first child in 2007. Since his time in the Army he has been honest, had a strong work ethic, strong integrity, and a commitment to work. He consistently gives to local charities and non-profit organizations. He has had issues finding work with his discharge, he is disqualified from any municipal or state jobs. This is becoming a hardship after 15 years. He humbly requests that his discharge be changed to an entry level separation. From the point of when he voluntarily turned himself in back to his first day of active service is less than 180 days. This does not include the time period he was on excess leave and had to repay the amount he was paid. In a records review conducted at Arlington, VA on 7 March 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's post- service accomplishments, the matters surrounding the AWOL, minimal time in service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 9 May 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 March 2002 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 1 March 2002, the applicant was charged with being absent without leave from his unit from 21 January 2002 until his return on 25 February 2002. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 March 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 April 2002 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 August 2001 / 6 years b. Age at Enlistment / Education / GT Score: 25 / 13 years / 127 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 7 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: AWOL 35 days (21 January 2002 to 24 February 2002) / mode of return: the applicant surrendered j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; DFAS Statement, Massachusetts Criminal Offender Record Information; certificate of marriage; memorandum of birth of child; licenses; credit score; and DD Form 214 6. POST SERVICE ACCOMPLISHMENTS: Since his discharge he has gone to tradesmen schools and received numerous licenses. 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. 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or uncharacterized and a change to his narrative reason for discharge to entry level separation. 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 evidence of record shows the applicant was in entry-level status (ELS) when he returned from a period of AWOL (i.e., he had completed less than 180 days of continuous active duty). The applicant was charged with AWOL and while still in an entry-level status voluntarily requested discharge under the provision of Chapter 10, AR 635-200, in lieu of trial by court- martial. In essence the applicant's separation action was initiated while the applicant was in an entry-level status and the command had the option to characterize the service as under other than honorable conditions or to describe it as uncharacterized. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when his separation is initiated while the Soldier is in an entry level status. However, the applicant by absenting himself from his unit without proper authority constituted an act of serious misconduct with lead to the separation under review. A general (under honorable conditions) discharge is not authorized under ELS conditions. A fully honorable discharge may be granted only in cases which are clearly warrant by unusual circumstances involving outstanding personal conduct and/or performance of duty. There was no such unusual circumstance present in the applicant's available record. 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 discharge at this late date. The appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged in lieu of trial by court-martial is "KFS" and the RE code is 4. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending he purposely waited almost 15 years to apply for an upgrade of his discharge. Since the time of his discharge he has not been arrested or had a speeding ticket. He has gong to tradesmen schools and received numerous licenses which all required background checks which he passed. He has never missed a payment on anything and his credit reflects that. He recently received an outstanding bill for when he was on excess leave while still enlisted and he paid that immediately. He has purchased a home and started a family. He got married in 2005 and welcomed his first child in 2007. Since his time in the Army he has been honest, had a strong work ethic, strong integrity, and a commitment to work. He consistently gives to local charities and non-profit organizations. He has had issues finding work with his discharge, he is disqualified from any municipal or state jobs. This is becoming a hardship after 15 years. He humbly requests that his discharge be changed to an entry level separation. From the point of when he voluntarily turned himself in back to his first day of active service is less than 180 days. This does not include the time period he was on excess leave and had to repay the amount he was paid. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents submitted with his application and the applicant is to be commended on his accomplishments. 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 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 7 March 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's post-service accomplishments, the matters surrounding the AWOL, minimal time in service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20170000666 1