1. Applicant's Name: a. Application Date: 6 March 2017 b. Date Received: 1 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that his discharge was inequitable because it was based on an incident (him going AWOL) that occurred after the fact that the military had violated agreements in his Ranger Contract, namely if he had went through and passed basic training, infantry school, airborne school, and R.I.P. school (all of which he had done with flying colors) he would be assigned to a Ranger Battalion. The applicant contends he was being removed from the 1/75th Ranger Battalion and given assignment to a "Regular" Infantry battalion for an outstanding ticket he was unaware of which was active he had received while he was 13 years old and of which he had given his recruiter every right to review. Being removed and transferred over to a "Regular" infantry battalion (of which was not part of the agreement and purposes why he had enlisted) caused him to be moral and remove himself from duties of which he had not enlisted. In a records review conducted at Arlington, VA on 22 August 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: Misconduct / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 December 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 October 2002 (2) Basis for Separation: The applicant was informed of the following reason: for his violation of Article 85, Desertion (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 October 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 April 2001 / 3 years b. Age at Enlistment / Education / GT Score: 17 / GED / 112 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 1 year, 7 months, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Counseling statement in reference to an act of misconduct which led to the applicant's discharge. i. Lost Time / Mode of Return: AWOL 161 days (20 February 2002 to 30 July 2002) / surrendered,. 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active duty. The applicant seeks relief contending that his discharge was inequitable because it was based on an incident that occurred after the fact that the military violated agreements in his Ranger Contract, namely if he had went through and passed basic training, infantry school, airborne school, and R.I.P. school (all of which he had done with flying colors) he would be assigned to a Ranger Battalion. The applicant contends he was being removed from the 1/75th Ranger Battalion and given assignment to a "Regular" Infantry battalion for an outstanding ticket he was unaware of which was active he had received while he was 13 years old and of which he had given his recruiter every right to review. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was inequitable. In fact, evidence in the record shows the applicant contract was changed as a result of the applicant's inability to obtain a secret security clearance which was also a requirement to be assigned to the 1/75th Ranger Battalion. It was learned at the time of entering his SF 86 security background investigation paperwork that he had a prior conviction and had served time in jail in the state of Texas. It was also learned that he had a warrant out for his arrest for drug charges in the state of Texas and that he would not admit what his prior convictions and charges were to the investigating officer. Also while AWOL he was arrested in Ohio for possession of a firearm and obstruction of justice in the state of Ohio. 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 22 August 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 AR20170008000 1