1. Applicant's Name: a. Application Date: 31 January 2017 b. Date Received: 6 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 general (under honorable conditions). The applicant seeks relief contending, in effect, he was young at the time of his deployment with the 82nd and is now older and wants to change his discharge. He contends he was going thru a divorce and immature at the time of discharge 13 years ago. He ask that his discharge be upgrade so he can move on. In a records review conducted at Arlington, VA on 9 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: 23 January 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 January 2004 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 7 January 2004, the applicant was charged with the following: Charge I: Violation of the UCMJ, Article 85 Without authority and with intent to remain away permanently, absent himself from his unit, from 21 October 2003 and did remain so absent in desertion until he was apprehended on 19 December 2003. Charge II: Violation of the UCMJ, Article 95 Having been place in confinement in Fort Irwin, California, by a person authorized to order him into confinement, did, at or near For Irwin, California escape from confinement on 19 December 2003. Charge III: Violation of the UCMJ, Article 112a Wrongfully possessed three tablets of Methylenedioxy-methamphetamine (MDMA) a controlled substance on 16 October 2003 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 31 December 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 January 2002 / 4 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31U1P, Signal Support Systems Specialist / 1 year, 9 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: NIF f. Awards and Decorations: ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Waiver of PTC Review (RCM 305), dated 31 December 2003 documents Charge sheet as described in previous paragraph 3c i. Lost Time / Mode of Return: AWOL 84 days (21 October 2003 to 12 January 2004) / apprehended 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 general (under 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 seeks relief contending he was young at the time of his deployment with the 82nd and is now older and wants to change his discharge. He contends he was going thru a divorce and immature at the time of discharge 13 years ago. He ask that his discharge be upgrade so he can move on. The applicant's contentions were noted; however, 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 Further, the applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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 9 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 AR20170003061 1