1. Applicant's Name: a. Application Date: 31 January 2017 b. Date Received: 17 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, she returned to AIT from being AWOL on 9 January 2009, at which time, was informed of reclassification. The reclassification is what the applicant desired and waited patiently as an inactive Soldier performing details without complaining. A month had elapsed and the applicant had not received pay and brought the issue to the attention of the chain of command. The applicant was sent to the operations office and was told that pay would show on the next paycheck. The applicant states pay was not received and became desperate because of bills that needed to be paid and credit was being affected. The applicant told the chain of command that if they were not going to fix the pay, then to please separate and send her home so that she could work and pay the bills. The applicant's chain of command agreed and began the chapter process. The applicant was told the chapter would take about a month and waited patiently without pay. A month later, the applicant was called into the commander's office and was told that she had been dropped from the rolls and that all the paperwork was gone. The applicant was then told that they were sorry and that she would be an inactive Soldier at Fort Gordon for a minimum of six months and that they had no idea of when pay would be received again. The applicant spoke to a sergeant and told him that she had tried to be patient, but could not wait anymore. The applicant informed the sergeant that she just wanted to be discharged and was going to leave and work until her packet was complete and then out-process. Since the applicant's discharge, the applicant has been working two jobs and now desires an upgrade in order to move on with life. In a records review conducted at Arlington, VA on 20 July 2018, and by a 3-2 vote, the Board determined that the characterization of service was improper and too harsh. Therefore, the Board granted relief in the form of an upgrade of the applicant's 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: 28 May 2009 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 20 April 2009, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 7 March to 15 April 2009 (2) Legal Consultation Date: 20 April 2009 (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: 18 May 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 June 2008 / 4 years b. Age at Enlistment / Education / GT Score: 18 / GED / 108 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 7 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Nine Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 16 October 2008; From "AWOL" to "PDY," effective 29 October 2008; From "PDY" to "AWOL," effective 9 November 2008; From "AWOL" to "PDY," effective 20 November 2008; From "PDY" to "AWOL," effective 28 November 2008; From "AWOL" to "Dropped From Rolls (DFR)," effective 26 January 2009; From "PDY" to "AWOL," effective 7 March 2009; From "AWOL" to "DFR," effective 8 March 2009; and, From "DFR" to "PDY," effective 15 April 2009. FG Article 15, dated 3 March 2009, for being AWOL (between 16 and 29 October 2008; 9 and 20 November 2008; and, 28 November 2008 and 26 January 2009). The punishment consisted of a reduction to E-1; forfeiture of $699 pay per month for two months; and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: 80 days AWOL (16 October 2008 - 28 October 2008) / NIF AWOL (9 November 2008 - 19 November 2008) / NIF AWOL (28 November 2008 - 25 January 2009) / Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; a self-authored statement; and, nine third-party statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant provided third-party statements with her application, which reflect she has attended a higher level education and has obtained employment. 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 her under other than honorable conditions discharge to general (under honorable conditions). The applicant's 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 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 that her unit had lost all of her chapter paperwork. However, 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 applicant contends her discharge should be upgraded because her unit kept her in the Army for several months without paying her. However, the issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The third party statements provided with the application speak highly of the applicant's performance. They all recognize her good conduct after leaving the Army; 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 20 July 2018, and by a 3-2 vote, the Board determined that the characterization of service was improper and too harsh. Therefore, the Board granted relief in the form of an upgrade of the applicant's 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 AR20170004574 5