1. Applicant's Name: a. Application Date: 30 January 2018 b. Date Received: 2 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that the DAV has determined the characterization as honorable for benefits purposes based upon their evidence received. In a records review conducted at Arlington, VA on17 April 2020, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, and a prior period of honorable service. 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: 18 September 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 August 2003 (2) Basis for Separation: The evidence of record contains a DD Form's 458, Charge Sheets which indicates on 7 August 2003, the applicant was charged with being absent from his unit from 4 January 2002 until his return on 9 April 2003. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 21 August 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 September 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 March 2001 / 4 years b. Age at Enlistment / Education / GT Score: 22 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 19K10, M1 Armor Crewman / 3 years, 4 months, 6 days d. Prior Service / Characterizations: RA, 4 February 1999 to 1 March 2001 / HD e. Overseas Service / Combat Service: SWA / BOSNIA (4 March 2000 to 19 September 2000) f. Awards and Decorations: ARCOM, NDSM, AFEM, ASR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Three DD Form's 4187 (Personnel Action) forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent without Leave (AWOL)," effective 4 January 2002; From "AWOL" to "Dropped from Rolls (DFR)," effective 4 February 2002; From "Dropped from Rolls (DFR)," to "Attached/PDY," effective 9 April 2003 FG Article 15, dated 26 June 2003, for being absent from his unit from 4 January 2002 until he was apprehended on or about 5 April 2003. The punishment consisted of reduction to E-3, forfeiture of $764.00 pay per month for two months (suspended) and extra duty and restriction for 30 days. Report of Mental Status Evaluation, dated 17 April 2003, which indicates the applicant met the retention standards prescribed in Chapter 3, AR 40-501 and there was no psychiatric disease or detects that warrant disposition through medical channels. The applicant was mentally responsible, able to distinguish right from wrong and adhere to the right and had the mental capacity to understand and participated in board proceedings. The applicant was cleared for any administrative action deemed appropriated by his command. Negative counseling statements reference AWOL and pending separation action. i. Lost Time / Mode of Return: Absent without leave (AWOL) 459 days (5 January 2002 to 8 April 2003) / apprehended by military authorities j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a decision memorandum from the Department of Veterans Affairs reference their decision regarding his discharge from military service. 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 she indicated she understood she 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 the DAV has determined his characterization as honorable for benefits purposes based upon their evidence received. The applicant's contentions were noted; however, as noted in the document submitted by the applicant from the Department of Veterans Affairs, it only noted that they had determined that his service in the U.S. Army from 4 February 1999 to 18 September 2003 was considered honorable for VA purposes. 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. 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 on17 April 2020, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, and a prior period of honorable service. 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 AR20180003662 1