1. Applicant's Name: a. Application Date: 13 November 2017 b. Date Received: 11 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change to narrative reason for discharge. The applicant seeks relief contending, in effect, that in November 2010, the applicant was getting discharged for misconduct. At this time, the applicant found out that the applicant was suffering from sleep apnea which caused the applicant to show up late to PT formation. Instead of unit helping the applicant cope with this new issue the applicant had, they decided to just punish the applicant with a 45 day extra duty and demotion, which gave the applicant even less sleep. The applicant missed another PT formation once they added another 45 day extra duty to what the applicant was already doing. The applicant was also getting discharged and did not have enough time to clear properly. The unit at the time was supposed to finish clearing the applicant as the applicant was not allowed to be on base. Once the applicant found there was a DD Form 214 waiting for the applicant in the mail, the applicant thought one was properly cleared, and 3 years later found out the applicant was wrong. The applicant was arrested going to a VA appointment as the applicant was already getting VA disability. The applicant found that the arrest was for desertion, though the applicant had DD Form 214 on the applicant. The applicant was escorted back to Fort Hood where the unit spent four months digging through all the paperwork and getting discharged again. With the evidence the applicant provided, it was decided that the applicant did not need a court martial but just to clear. The applicant again, stayed past the due date of 2 March 2013, and had to leave the base in May, while the unit cleared the applicant. This time the applicant received another DD Form 214 in the mail but it says the reenlistment code 3, which makes the applicant ineligible for re-enlistment, and wanted to re-enlist in the Army. The applicant does not see how the applicant is at fault for the unit's mistake, nor should the applicant be labeled as a deserter for the unit's mistake. This has tainted the applicant's name, record, and the ability to become a Soldier again. If the applicant believes that if the applicant had gotten proper care for my sleep apnea, the applicant would have not been demoted so quickly from E4 to E1 and would have stayed as a Soldier. If the unit really wanted the applicant gone, they should have cleared the applicant as is their job once the applicant reached the ETS date. 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 Obstructive Sleep Apnea. The applicant is 50% service-connected for sleep apnea from the VA. In summary, due to the basis of separation not being in file, there is insufficient evidence to determine if the applicant had a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 28 February 2020, 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: Misconduct (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 2 April 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 March 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 March 2007 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 25U10 Signal Support Systems Specialist / 3 years, 9 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM-2, NDSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective (3 November 2010); From "AWOL" to "Dropped From Rolls (DFR)," effective (2 December 2010); From "Confined by Civil Authorities (CCA)" to "Present for Duty (PDY)," effective (25 January 2013). i. Lost Time / Mode of Return: Absent Without Leave x 2 for a total of 812 days 4 days (9 September 2010 to 12 September 2010) and 808 days (3 November 2010 to 24 January 2013). Modes of return are unknown. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (AWOL). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge. 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 completed 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 not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(1), by reason of Misconduct (AWOL); with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active duty. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (AWOL)," and the separation code is "JKD." 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 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that at the time of discharge he was suffering from sleep apnea which caused him to show up late to PT formation. Instead of unit helping him cope with this new issue he had, they decided to just punish him with a 45 day extra duty and demotion, which gave him even less sleep. He missed another PT formation once they added another 45 day extra duty to what he was already doing. He contends he was also getting discharged and he did not have enough time to clear properly. His unit at the time was supposed to finish clearing him as he was not allowed to be on base. Once he found he had a DD Form 214 waiting for him in the mail, he thought he was properly cleared, and 3 years later he found out he was wrong. He was arrested going to a VA appointment as he was already getting VA disability. He found that his arrest was for desertion, though he had DD Form 214 on him. I was escorted back to Fort Hood where his unit spent four months digging through all his paperwork and getting him discharged again. With the evidence he provided, it was decided that he did not need a court martial but just too clear. He again, stayed past his due date of 2 March 2013, and had to leave the base in May, while his unit cleared him. This time he received another DD Form 214 in the mail but it says his reenlistment code 3, which makes him ineligible for re-enlistment, and he wanted to re-enlist in the Army. He contends that he does not see how he is at fault for his unit's mistake, nor should he be labeled as a deserter for his unit's mistake. This has tainted his name, record, and his ability to become a Soldier again. If he believes that if he had gotten proper care for my sleep apnea, he would have not been demoted so quickly from E4 to E1 and would have stayed as a Soldier. If his unit really wanted him gone, they should have cleared him as is their job once he reached his ETS date. The applicant's contentions were noted and carefully considered; however, a determination on whether these contentions have merit cannot be made because the completed facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the complete discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. Based on available record, the discharge appears 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 28 February 2020, 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 AR20180000661 1