1. Applicant's Name: a. Application Date: 15 February 2017 b. Date Received: 7 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to an under other than honorable condition discharge to uncharacterized or to an entry level separation. The applicant seeks relief contending, in effect, the characterization of service should be changed due to the brevity of service; which was less than a month. The applicant contends in 2001, a few weeks into basic training, the applicant was sent home for Christmas leave. The applicant admits to having a very difficult time adjusting to the military and did not return when supposed to because of being a scared, homesick teenager. The applicant also experienced some physical issues while training, such as stress fractures in the feet which did not help the applicant's mental state during this period. The applicant has since sought counseling for an anxiety disorder, which has taught coping mechanisms in order to deal with highly stressful situations and how to face fears and be a more resilient person. When the applicant realized the seriousness of the actions and the consequences that it would have on life, the applicant returned to Fort Sill, Oklahoma. It was too late to fix the mistake and continue with service, so the applicant was given an Under Other Than Honorable Conditions Discharge In lieu of Court Martial. This has been the most significant mistake the applicant has made in life and has haunted the applicant for many years. The applicant has never been in any legal trouble and has been held back in a current career due to this unfortunate decision. The applicant is very close to finishing a Bachelor's degree and now has a Family. The applicant has been a law-abiding and gainfully employed since this occurred. The applicant has also furthered an education and grown into an adult that is capable of facing hardships which one was not prepared to do as a 19-year-old with undiagnosed anxiety disorder. The applicant has worked very hard to overcome this period of life and will always regret being absent without leave and compounding the mistake by not addressing it as quickly as one should have because of fear. The applicant would like to thank the board for reviewing the application for a discharge change and hope that they will consider that the applicant was only 3 weeks into basic training when this occurred and the fact that the applicant returned to the Army, even if it was too late, while making a decision. In a records review conducted at Arlington, VA on 25 July 2018, and by a-5-0 vote, the Board determined that the characterization of service was too harsh based on the matters surrounding the AWOL 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 uncharacterized. 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: 21 April 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 December 2002 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 11 December 2002, the applicant was charged with being absent without leave (AWOL) from her unit from 4 January 2002 until her return on 9 December 2002. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 13 December 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 March 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 November 2001 / 4 years b. Age at Enlistment / Education / GT Score: 19 / GED / 121 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 5 months, 23 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: Charge sheet as described in previous paragraph 3c i. Lost Time / Mode of Return: AWOL 338 days (4 January 2002 to 8 December 2002) / the applicant surrendered to military authorities. The DD Form 214 under review shows the applicant was placed on 130 days (13 December 2002 to 21 April 2003) of excess leave. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since her discharge she has been a law-abiding and gainfully employed. She has also furthered her education and grown into an adult that is capable of facing hardships which she was not prepared to do as a 19-year-old with undiagnosed anxiety disorder. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests a change to her under other than honorable conditions discharge to uncharacterized or to an entry level separation. The record of service, the issues and documents 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. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant seeks relief contending, her characterization of service should be changed due to the brevity of her service which was less than a month. The evidence of record shows the applicant was in entry-level status (ELS) when she returned from a period of AWOL (i.e., she 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 her separation is initiated while the Soldier is in an entry level status. However, the applicant by absenting herself from her unit without proper authority constituted an act of serious misconduct which lead to the separation action 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. Her 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 her discharge was the result of her undiagnosed anxiety disorder. The applicant's contentions was noted: however, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. Furthermore, 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's post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on her accomplishments. 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 25 July 2018, and by a-5-0 vote, the Board determined that the characterization of service was too harsh based on the matters surrounding the AWOL 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 uncharacterized. 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: Uncharacterized 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 AR20170003365 5