1. Applicant's Name: a. Application Date: 16 August 2017 b. Date Received: 16 August 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) and a change of narrative reason for separation. The applicant seeks relief contending, in effect, that the discharge was the result of being mistreated by a Sergeant and the instructions received from her. The applicant contends there was an order from a Sergeant Cast to go to Fort Knox and get out. The applicant contends that she said in front of the entire company, that she lost her husband and she would get some work out of them before we got out. She said they would not fire her because she was an E7 and it would take congress to remove her. The applicant believed her and there was nothing the applicant could do. The company was mad because the applicant was on profile and Sergeant Cast had it out for him as the applicant was told by the company commander. Sergeant Cast did not allow them to look at her and the applicant don't even know her entire name. Cast would call the applicant a "broke dick Soldier" and say the wrist injury was from "Jacking off" and "just go to Fort Knox or Fort Sill and get out." The applicant contends that there was cases of racism, being American Chinese, the applicant and a roommate, Zhang, were subject to Asian History month when non-Asians were on stage speaking like a 1975 Bruce Lee movie, mouth moving and speaking chopped up movie dubbed voiceover looks. The applicant looked at the commander and she ordered them back to the barracks while the entire battalion was making fun of their Asian roots. Asians also were not invited to stage for Asian history month. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Acute Stress Disorder and Occupational Problem. VA records indicate only DoD content. In summary, the applicant did not have a BH diagnosis that was mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 22 March 2019, 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 22 December 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 November 2010 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 4 November 2010, the applicant was charged with the following offense: being absent without leave from his unit from 22 August 2010 until his return on 1 November 2010. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 8 November 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 December 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 August 2009 / 4 years b. Age at Enlistment / Education / GT Score: 29 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 68W10, Health Care Specialist / 1 year, 2 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Personnel Actions, dated 24 August 2010 and 22 September 2010, reference change of duty status from present for duty (PDY) to absent without leave (AWOL) to AWOL to drop from rolls (DFR). Charge sheet as described in previous paragraph 3c i. Lost Time / Mode of Return: AWOL 71 days (22 August 2010 to 1 November 2010) / the applicant surrendered. The DD Form 214 under review makes reference to 48 days of excess leave (5 November 2010 to 22 December 2010) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application 6. POST SERVICE ACCOMPLISHMENTS: 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) and a change of his narrative reason for separation. 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. 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. His 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 was separated under the provisions of Chapter 10, AR 635-200 with an under other than honorable characterization of service. The narrative reason specified by Army Regulations for a discharge under this chapter is "In Lieu of Trial by Court-Martial," and the separation code is "KFS." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 4. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending, in effect, that his discharge was the result of being mistreated by his Sergeant and the instructions he received from her. 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 he was mistreated by his Sergeant or that he was instructed to go leave his place of duty resulting in him being reported as being AWOL. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 22 March 2019, 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 AR20170012468 1