1. Applicant's Name: a. Application Date: 10 October 2017 b. Date Received: 23 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, the discharge is not reflective of service. The applicant served the country for six years and was never in trouble at work. In a records review conducted at Arlington, VA on 3 May 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: 27 January 2016 c. Separation Facts: No (1) Date Charges Were Preferred: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 7 January 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 August 2013 / 4 year / block 12a on the applicant's DD Form 214 date entered active duty this period, is incorrect and should read 13 July 2009, see enlistment contract. b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91L10, Construction Equipment Repairer / 6 years, 3 months, 25 days d. Prior Service / Characterizations: RA, 13 July 2009 to 22 August 2013 / HD e. Overseas Service / Combat Service: Hawaii / SWA / Iraq, 7 November 2010 to 26 October 2011 f. Awards and Decorations: AAM-3, AGCM, NDSM, ICM-CS, GWOTSM, MOVSM NOPDR, ASR, OSR-2 g. Performance Ratings: 1 January 2014 to 18 July 2014, Fully Capable 17 July 2014 to 18 July 2015, Marginal h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: AWOL for 81 days, 5 January 2010 to 25 March 2010; surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and spouse's support statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application he attends college to become an orthopedic surgeon; and he and his wife have not had any more issues. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial), with a reentry eligibility (RE) code of 4. The applicant seeks relief contending, his discharge is not reflective of his service; and he served his country for six years and was never in trouble at work. However, a determination as to the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, 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 3 May 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 AR20170016943 1