1. Applicant's Name: a. Application Date: 31 January 2017 b. Date Received: 7 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable condition discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, that he would like an upgrade of the discharge for the purpose of being able to receive VA Health Care benefits. The applicant contends that he served in the US Navy prior to enlisting in the Army and received an honorable discharge. At the time of enlistment in the Army, the applicant was going through a tough separation and eventual divorce that lead to poor judgment and decision to go AWOL from being sent to boot camp. The applicant tried repeatedly to make it right by the US Army and Phoenix MEPS and was told he was fine and not in any trouble until over a year later when he was picked up while renewing a base ID Card. The applicant had no idea he was labeled a deserter. The applicant went to Fort Sill and was discharged and damaged the chances of reenlisting ever. Now the applicant is asking for the consideration of prior service and to receive an upgrade of discharge characterization so he can receive benefits earned in the USN. The applicant contends a need of benefits and has earned them during the time in the Navy. The applicant realizes the mistake in not serving out the time in the Army and would go back and do it the right way if afforded the opportunity. In a records review conducted at Arlington, VA on 1 June 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. severe family matters), 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 August 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 August 2012 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 10 August 2012, the applicant was charged with being absent without leave from his unit from 2 March 2011 until he was apprehended by civilian authorities on 1 August 2012. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 August 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 August 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 March 2011 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 3 years, 5 months, 6 days d. Prior Service / Characterizations: US Navy, 21 March 2007 to 4 August 2010 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NGCM, NDSM, GWOTEM, GWOTSM, SSDR 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 517 days (2 March 2011 to 31 July 2012) / the applicant was apprehended by civilian authorities. The DD Form 214 under review makes reference to 12 days (10 August 2012 to 21 August 2012) of excess leave. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214 from a prior period of service; and pages 1, 6, and 7 of divorce decree. 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 condition discharge to honorable or 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 (under honorable conditions) discharge by the separation authority at the time of discharge. The applicant seeks relief contending that he would like an upgrade of his discharge for the purpose of being able to receive VA Health Care benefits. He contends he served in the US Navy prior to his enlistment in the Army and received an honorable discharge. At the time of his enlistment in the Army he was going through a tough separation and eventual divorce that lead to his poor judgment and decision to go AWOL from being sent to boot camp. He tried repeatedly to make it right by the US Army and Phoenix MEPS and was told he was fine and not in any trouble until over a year later he was picked up while renewing his base ID Card. He had no ideal he was labeled a deserter. He went to Fort Sill and was discharged and damaged his chances of reenlisting ever. Now he is asking for the consideration of his prior service and to receive an upgrade of his discharge characterization so he can receive benefits earned in the USN. He contends he is in need of benefits and believes he has earned them during his time in the Navy. He realizes his mistake in not serving out his time in the Army and he would go back and do it the right way if he could. The applicant's contentions were noted; while the applicant may believe going through a tough separation / divorce at the time of enlistment was the underlying cause of his misconduct and the result of his discharge, the record of evidence does not demonstrate that he sought assistance through 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. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive VA Health Care benefits. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance with receiving VA Health Care benefits and with his attempts to receive benefits for his prior period of active duty service in the Navy. 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 1 June 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. severe family matters), 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 AR20170003384 1