1. Applicant's Name: a. Application Date: 20 January 2017 b. Date Received: 24 January 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant through counsel seeks relief contending, in effect, his alcoholism and dependency affected his ability to serve and marred his judgment; and an immature alcoholic. He has been sober for six years and uses the building blocks his brief military service provided, to build a better life for himself, his family, and his community. Had he been able to recognize his disorder and sought help, he would be a different person today, and perhaps and still serving meritoriously in the Army. In a records review conducted at Arlington, VA on 16 May 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: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 8 June 2009 c. Separation Facts: Yes (1) Date Charges Were Preferred: 27 April 2009 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 8 March 2016, the applicant was charged with being AWOL x2 (12 March 2009 until 17 April 2009) and 21 September 2006 until 11 March 2009). (3) Recommended Characterization: NIF, the presumption of government regularity prevails in the discharge process. (4) Legal Consultation Date: 27 April 2009, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 May 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 June 2006 / 4 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 years, HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 5 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL x2 for 916 days; 21 September 2006 until 10 March 2009, for 881 days, surrendered to military authorities; 12 March 2009 until 16 April 2009, apprehended by civilian authorities. Also, he had 42 days of excess leave 28 April 2009 until 8 June 2009. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's letter (three pages); Enclosure 1, National Personnel Records Center documents (47 pages OMPF); Enclosure 2, applicant's statement, spouse's statement; neighbors statement, and father's statement; and Enclosure 3, mother's letter to applicant, and applicant's letters to his mom (five pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states through counsel he works as an electrician with his father. 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 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. 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 at the time of separation. The applicant seeks relief contending, his alcoholism and dependency affected his ability to serve and marred his judgment; and an immature alcoholic. The record of evidence does not demonstrate that he sought relief his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Additionally, 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 further contends, he has been sober for six years and uses the building blocks his brief military service provided, to build a better life for himself, his family, and his community. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant also contends, had he been able to recognize his disorder and seek help, he would be a different person today, and perhaps still serving meritoriously in the Army. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. The third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 16 May 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170001747 1