1. Applicant's Name: a. Application Date: 28 January 2018 b. Date Received: 9 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that finished his first enlistment, reenlisted, lost part of his right thumb. Order were deleted due to not knowing if he was going to be able to keep thumb. All happened while he was on Active Duty. While on leave he had missed his flight to Korea, unsure of what to do or who to call he took the bus back to his old duty station. He asked if he could stay in the said no he was AWOL. He asked for any other options and was told there was not any. He did not receive any compensation for his thumb. It was his only wish to serve his country and he loved his country. He feels he should have a discharge upgrade to honorable as he completed his first term, reenlisted but did not expect to lose his thumb or orders, bonus, duty station. He served a total of 4 years in the military. In a records review conducted at Arlington, VA on 26 August 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 4 June 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 May 2003 (2) Basis for Separation: The evidence of record contains a DD Form's 458, Charge Sheets which indicates on 14 May 2003, the applicant was charged with being absent without leave from his unit from 4 February 2003 until his return on 12 May 2003. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 14 May 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 May 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 April 1999 / 3 years (The applicant was retained in service 365 days for the convenience of the government per AR 635-200) b. Age at Enlistment / Education / GT Score: 17 / GED / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 9 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: Absent without leave for a total of 112 days; 7 days (3 January 2002 to 9 January 2002); 8 days (4 February 2002 to 11 February 2002); and 97 days (4 February 2003 to 11 May 2003). The DD Form 214 under review makes reference to 7 days of excess leave (29 May 2003 to 4 June 2003) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and self-authored statement. 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 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. 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 (under honorable conditions) discharge by the separation authority at the time of discharge. The applicant seeks relief contending that he finished his first enlistment, reenlisted, lost part of his right thumb. Order were deleted due to not knowing if he was going to be able to keep thumb. All happened while he was on Active Duty. While on leave he had missed his flight to Korea, unsure of what to do or who to call he took the bus back to his old duty station. He asked if he could stay in the said no he was AWOL. He asked for any other options and was told there was not any. He did not receive any compensation for his thumb. It was his only wish to serve his country and he loved his country. He feels he should have a discharge upgrade to honorable as he completed his first term, reenlisted but did not expect to lose his thumb or orders, bonus, duty station. He served a total of 4 years in the military. The applicant's contentions were noted; however, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. Also, although the applicant claims his misconduct / discharge was the result of the loss of part of his right thumb. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. 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 26 August 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 AR20180003489 1