1. Applicant's Name: a. Application Date: 4 September 2017 b. Date Received: 10 October 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). The applicant seeks relief contending, in effect, post-service conduct and contributions to society support an upgrade. In a records review conducted at Arlington, VA on 16 August 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, a prior period of honorable service, 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: 24 October 2008 c. Separation Facts: Yes (1) Date Charges Were Preferred: 1 July 2008 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which shows on 1 July 2008, the applicant was charged with being AWOL (20 May 2008 until 24 June 2008). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 July 2008, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 December 2006 / 3 years / block 12d on the applicant's DD Form 214 total prior active service, is incorrect and should read 10 months, 19 days as annotated in the Case Report and Directive. b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 42F10, Human Resources Information System Management Specialist / 2 years, 4 months, 16 days d. Prior Service / Characterizations: USAR, 29 November 2005 to 16 January 2006 / NA RA, 17 January 2006 to 5 December 2006 / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL for 34 days, 20 May 2008 to 24 June 2009, surrendered to military authorities. Applicant also had 113 days of excess leave, 4 July 2008 to 24 October 2008. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); donation to San Antonio Humane Society; Health and Human Services Commission, five year service certificate; University of the Incarnate Word, Diploma; SF 50; Civilian Leave and Earning Statement (LES); and a University of the Incarnate Word, transcript. 6. POST SERVICE ACCOMPLISHMENTS: The applicant submitted documents with his application showing he donated to the San Antonio Humane Society, received a five service certificate from the Health and Human Services Commission; and earned Bachelor of Science degree in Business Administration. 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). 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 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, his post-service conduct and contributions to society support an upgrade. 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. 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 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 16 August 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, a prior period of honorable service, 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 AR20170016930 4