1. Applicant's Name: a. Application Date: 28 November 2017 b. Date Received: 7 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) or honorable and a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, he would love to re-enlist, with his newly minted experiences and education to contribute to his country the best he can. In a personal appearance hearing conducted at Arlington, VA on 5 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, Chapter 10 b. block 26, separation code changed to KFS c. block 28, narrative reason for separation changed to in lieu of trial by court-martial (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Court-Martial Other / AR 635-200, Chapter 3 / JJC / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 12 June 2007 c. Separation Facts: Yes (1) Date Charges Were Preferred: 11 May 2007 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 11 May 2007, the applicant was charged with, without authority absented himself from his unit x2 (14 February 2007 to 15 February 2007) and (27 February 2007 to 8 May 2007); and having knowledge of a lawful order issued by CPT S.I., to remain within the boundaries of the Presidio of Monterey, an order which it was his duty to obey, did fail to obey the same by wrongfully departing the Presidio of Monterey, California (27 February 2007). (3) Recommended Characterization: The unit and intermediate commanders recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: 22 May 2007, the applicant consulted with legal counsel and requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 May 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 August 2006 / 5 years b. Age at Enlistment / Education / GT Score: 25 years / 3-years college / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 8 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL x2 for 72 days, 14 February 2007 to 14 February 2007 for 1 day, returned to unit; and 27 February 2007 to 7 May 2007 for 71 days, returned to unit. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Diploma Copies, Bachelor, Masters and Ph.D.; and a DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his applicant he acquired his Masters and Ph.D. in Psychology. 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. AR 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 the characterization of service from general (under honorable conditions) or honorable and a change to the narrative reason for separation to include the RE code. 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. 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 requests a change to the narrative reason for separation to include the RE code. AR 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 regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he would love to re-enlist, with his newly minted experiences and education to contribute to his country the best he can. Soldiers being processed for separation are assigned reentry codes based on their 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 applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application. 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. Additionally, notwithstanding the propriety of the applicant's discharge, the record shows that someone in the discharge process erroneously entered on the applicant's DD Form 214, Block 24, "Character of Service" as "General (Under Honorable Conditions)," Block 25 "Separation Authority" as AR 635-200, Chapter 3, Block 26 "Separation Code" as JCC, and Block 28 "Narrative Reason for Separation" as "Court-Martial, Desertion." In view of the foregoing, it appears that Block 25 "Separation Authority" should read AR 635-200, Chapter 10, Block 26 "Separation Code" should read KFS, and Block 28 "Narrative Reason for Separation" should read "In Lieu of Trial by Court-Martial;" which was directed by the separation approving authority. The evidence of record further shows that someone in the discharge process erroneously entered on the applicant's DD Form 214, Block 24, characterization of service, "General (Under Honorable Conditions)." The regulation states an under other than honorable conditions discharge is normally appropriate. It is the Board's policy not to change the characterization of service to a lesser degree than received even though substantiated in the applicant's record. The Board will not downgrade a characterization of service. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): Applicant and counsel provided oral arguments in support of the contentions they provided in their written submissions and in support of their documentary evidence. c. Counsel / Witness(es) / Observer(s): N/A 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 5 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, Chapter 10 b. block 26, separation code changed to KFS c. block 28, narrative reason for separation changed to in lieu of trial by court-martial 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: Yes b. Change Characterization to: No Change c. Change Reason to: In lieu of court-martial d. Change Authority to: AR 635-200, Chapter 10 e. Change SPD / RE Code to: KFS / 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 AR20180000515 3