1. Applicant's Name: a. Application Date: 11 January 2017 b. Date Received: 10 February 2017 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, his service record will reflect he was not in any trouble. He was a great Soldier. He admits he was at fault in the charge against him, but the Topeka, Kansas courthouse had informed him that he could get married. In a records review conducted at Arlington, VA on 6 June 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: 22 October 2004 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 25 August 2004, the applicant was charged with: Violating Article 85, UCMJ, for being AWOL in desertion from 18 November 2002, until 10 February 2004; Violating Article 86, UCMJ, for being AWOL from 15 May until 3 June 2004; and, Violating Article 134, UCMJ, for wrongfully marrying Ms. X, having at the time of his said marriage to Ms. X a lawful wife then living, to wit: Ms. X. (2) Legal Consultation Date: 13 October 2004 (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 October 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 December 1998 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D10 D3, Calvary Scout / 6 years, 10 months, 27 days d. Prior Service / Characterizations: RA, 8 August 1996 - 16 December 1998 / HD e. Overseas Service / Combat Service: SWA / Bosnia (22 July 1997 - 21 July 1998), Kuwait (1 May 2002 - 25 October 2002) f. Awards and Decorations: AAM-4, AGCM, NDSM, AFSM, AFEM-2, NCOPDR, ASR, NATOMDL g. Performance Ratings: September 2001 - May 2002 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. FG Article 15, dated 31 May 2002, for failing to obey a lawful order (6 March 2002); and, failing to go at the time prescribed to his appointed place of duty (19 February 2002). The punishment consisted of a reduction to E-4; forfeiture of $500 pay per month for two months; and, extra duty for 45 days. Five Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 18 November 2002; From "AWOL" to "DFR," effective 18 December 2002; From "DFR" to "PDY," effective 10 February 2004; From "PDY" to "AWOL," effective 15 May 2004; and, From "AWOL" to "PDY," effective 3 June 2004. i. Lost Time / Mode of Return: 467 days (AWOL, 18 November 2002 - 9 February 2004) / Apprehended by Civil Authorities; (AWOL, 15 May 2004 - 2 June 2004) / NIF - j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; and, four character statements. 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 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 discharge. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The third party statements provided with the application speak highly of the applicant's performance and recognize his good character; 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 6 June 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 AR20170003043 1