1. Applicant's Name: a. Application Date: 21 September 2017 b. Date Received: 22 September 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, in the fall of 2010, was having issues at home that made everything much more complicated, while in basic training. The father, who had been paralyzed from a major car accident in 1997, needed care daily. Several family members had cared for the father over the years and eventually the applicant's brother agreed to continue to take care of their father. In November 2010, the applicant went to basic training, but upon returning home on holiday block leave, in December of 2010, everything was not the way it was when the applicant left. The father was in a disturbing condition and in the hospital with a blood infection. The father had not been receiving the necessary care because the brother had become addicted to pain medication and was not caring for their father properly. The applicant felt very conflicted at the time on what to do. The applicant had a duty and responsibility to the country and the Army, but also believed the applicant had a responsibility to the father, who had no one else. When the father asked the applicant for help, the applicant could not leave the father in that situation. In January of 2011, the applicant was considered AWOL, while taking care of the father, worked and eventually set up a home health care and nursing aid that provided daily care. In May of 2011, the applicant went to the local police station, as an AWOL Soldier that needed to return to his post. The applicant was eventually out-processed out of the Army in August 2011. The applicant knows it was a mistake and there is not a day that goes by that the applicant does not think of it and wishes to have done things differently. The applicant failed the country, the American people, but most of all, dishonored and failed oneself. The applicant cannot change the past mistakes, but desires a second chance to show that the applicant is a Soldier at heart and can do the job most do not want to do. The applicant would be grateful and will honor the contract and serve the country that way the applicant should have before. Since discharge, the applicant started working almost immediately for Asplundh tree experts. The job made it really hard to go to college, so the applicant quit and went to college full time for a semester and then got a job with the city of Chattanooga. The applicant went to college full time and worked until he completed an Associate's degree. The applicant then transferred to the University of Tennessee in Chattanooga, but was unable to continue college and the job due to scheduling conflicts, so the applicant quit the job and went to college full time. In December 2014, the applicant began the current job at CSX Transportation and has accomplished much in life and has a great job, a college degree, and no legal troubles with law enforcement. The applicant only has minor traffic violations in the record, has accomplished many goals and has made a good life. The applicant states, there is one thing that still is a problem, which is the other than honorable discharge from the Army. The applicant wants to correct this and will do whatever it takes and will not dishonor oneself again. The applicant will honor the contract and do whatever job. The applicant requests a second chance to be a Soldier and serve in the military for freedom and the American way of life. The applicant further details contentions in a self-authored statement. In a records review conducted at Arlington, VA on 11 September 2019, and by a 3-2 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: 26 September 2011 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 11 August 2011, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 6 January 2011 to 11 July 2011. (2) Legal Consultation Date: 11 August 2011 (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: 9 September 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 November 2010 / 6 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-3 / 18X10, Special Forces Recruit / 3 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 6 January 2011; From "AWOL" to "Dropped From Rolls (DFR)," effective 5 February 2011; From "Dropped From Rolls (DFR)," to "Confined by Civil Authorities (CCA)," effective 11 July 2011; and, From "CCA" to "PDY," effective 6 August 2011. i. Lost Time / Mode of Return: 212 days (AWOL, 6 January 2011 - 6 August 2011) / Apprehended by Civil Authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; self-authored statement; two letters of support; Congressional Request with allied documents; DD Form 214; father's discharge summary. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he has obtained employment and is pursuing his Bachelor's Degree. He also has not had any legal troubles since his discharge. 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 honorable conditions and an RE code change. 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 contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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. 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 11 September 2019, and by a 3-2 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 AR20170016613 1