1. Applicant's Name: a. Application Date: 28 January 2017 b. Date Received: 13 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade her under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, she served honorably in the United States Army over seven years. She was never a problematic Soldier. She was an outstanding NCO, who helped to promote numerous Soldiers and sent a few to the Soldier of the Month boards. Toward the end of her career, things appeared to spiral out of control. She received no help from her superiors with anything. She was a single mother of twin babies, who was going through a divorce at the time. She is, in no way, making any excuses for her behavior at the end of her military career. She is simply fighting for serving honorably over seven years versus the one and a half year, she did not serve honorably. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a medical or behavioral health condition that was mitigating for the offenses which led to her separation from the Army. In a records review conducted at Arlington, VA on 23 May 2018, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, a prior period of honorable service, and the circumstances surrounding the AWOL (i.e. severe family matters and in-service and post- service diagnosis of OBH and PTSD). 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: 24 November 2010 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 18 October 2010, the following charge was preferred, with recommendations to refer to trial by a special court-martial empowered to adjudge a bad conduct discharge: Charge: two specifications of violating Article 86, UCMJ, for being AWOL on two separate occasions, on 20 March 2008, until 19 August 2008, and on 23 August 2008, and remained absent until 7 October 2010. (2) Legal Consultation Date: 18 October 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: 8 November 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 July 2004 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13W10, Field Artillery Meteorological Crewmember / 6 years, 7 months, 1 day (includes excess leave for 37 days from 19 October 2010 to 24 November 2010, creditable for all purposes except pay and allowances) d. Prior Service / Characterizations: RA (19 September 2001 to 7 July 2004) / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (28 April 2003 to 27 July 2004) f. Awards and Decorations: ARCOM; AGCM-2; NDSM; GWOTEM; GWOTSM; ASR; OSR-2 g. Performance Ratings: March 2005 thru June 2005, Fully Capable July 2005 thru March 2006, Fully Capable 1 April 2006 thru 31 March 2007, Marginal h. Disciplinary Action(s) / Evidentiary Record: Eight DA Forms 4187 (Personnel Actions) reflecting the applicant's changes in duty statuses from PDY to AWOL, effective 1 February 2008; AWOL to PDY, effective 20 February 2008; PDY to AWOL, effective 20 March 2008; AWOL to DFR, effective 21 March 2008; DFR to PDY, effective 20 August 2008; PDY to AWOL, effective 23 August 2008; AWOL to DFR, effective 24 August 2008; and DFR to PDY, effective 7 October 2010. An Enlisted Records Brief, dated 14 October 2010, shows she was reduced in grade to E-4 on 13 March 2008, following her initial AWOL period; however, there is no documentary evidence of the basis for her reduction in grade. Report of Return of Absentee, dated 7 October 2010, indicates the applicant was apprehended by civil authorities and returned to military control on 7 October 2010. Charge Sheet described at the preceding paragraph 3c(1). i. Lost Time / Mode of Return: 949 days (AWOL: 1 February 2008 to 20 February 2008, for 20 days; 20 March 2008 to 19 August 2008, for 153 days; and 23 August 2008 to 7 October 2010, for 776 days) / On the latter two occasions of returning from AWOL, she was apprehended by civil authorities and returned to military control on 20 August 2008, and on 7 October 2010. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application and a character reference statement, dated 16 June 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. AR 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 to upgrade her under other than honorable conditions discharge to honorable. The applicant's available record of service and the issues submitted with her 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. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and she indicated she understood she could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. 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. Hrecord 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. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the misconduct or poor duty performance, such that she should have been retained on Active Duty. In consideration of the applicant's service accomplishments and quality of her service prior to the incidents of misconduct, the Board can find that her complete period of service was or was not sufficiently mitigating to warrant an upgrade of her characterization of service. The applicant contends that she was having family issues, such as having twins and going through a divorce that affected her behavior and ultimately caused her to be discharged. However, 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 contends she received no help from her superiors with anything. However, the evidence of record shows the command may have attempted to assist the applicant in performing and conducting herself to Army standards by reducing her in grade following her initial AWOL incident. However, the applicant failed to respond appropriately to the effort of any corrective action. There is also a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that she may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge. The third party statement provided with the application speak highly of the applicant's performance and character. However, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement does not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 her 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 23 May 2018, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, a prior period of honorable service, and the circumstances surrounding the AWOL (i.e. severe family matters and in-service and post-service diagnosis of OBH and PTSD). 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 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 AR20170002305 1