1. Applicant's Name: a. Application Date: 13 July 2017 b. Date Received: 17 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, after completing basic and AIT training, went home to check on the two children who were in the care of their stepfather; who informed the applicant that he could no longer care for the children. The applicant had no one to care for the children and therefore could not proceed to the new duty assignment until the applicant found a place for them. The applicant had no one to help or give any advice on what to do about the situation. The applicant has not let the lapse in judgment 14 years ago keep the applicant from being a very sound and productive member of society. There are numerous opportunities available for the applicant if the discharge was upgraded. The applicant should not be punished for putting the well-being and safety of the children before the Army. In a records review conducted at Arlington, VA on 21 August 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the circumstances surrounding the AWOL and post-service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the 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: 25 February 2004 c. Separation Facts: Yes (1) Date Charges Were Preferred: 12 February 2004 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which shows on 12 February 2004, the applicant was charged with being AWOL (14 October 2003 until 9 February 2004). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 12 February 2004, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 February 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 May 2003 / 5 years b. Age at Enlistment / Education / GT Score: 22 years / GED Certificate / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / 88M10, Motor Transport Operator / 5 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL for 118 days, 14 October 2003 to 8 February 2004; surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; letter, US. Senate; Request and Authority for Leave; Chapter 10 discharge documents (four pages); and a letter, Hunt County Veterans Services. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in her application she works as a home health attendant. 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 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 the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. 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. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. 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 significant acts of achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of separation. The applicant seeks relief contending, after completing basic and AIT training, she went home to check on her two children who were in the care of their stepfather; who informed her that he could no longer care for the children; and she had no one to care for her children and therefore she could not proceed to her new duty assignment until she found a place for them. The applicant stated in her application that she should have taken her children with her to the nearest Army Post and asked for help. The applicant further contends, she had no one to help her or give any her advice on what to do about the situation. 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 also contends, she has not let her lapse in judgment 14 years ago keep her from being a very sound and productive member of society. The applicant is to be commended for her efforts. However, this contention 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 applicant additionally contends, there were numerous opportunities available for her if she could get her discharged upgraded. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities Lastly, the applicant contends, she should not be punished for putting the well-being and safety of her children before the Army. The record of evidence shows that the applicant was not punished for putting the well-being and safety of her children before the Army. However, the applicant was discharged for being AWOL and not reporting to her duty station as ordered to do so. 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 21 August 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the circumstances surrounding the AWOL and post-service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the 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 AR20170010981 1