1. Applicant's Name: a. Application Date: 3 April 2018 b. Date Received: 9 April 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 general (under honorable conditions). The applicant seeks relief contending, in effect, would like to have the discharge upgraded for the purpose of being able to receive benefits afforded by the VA for an injury and to go back to school. The applicant was injured in Germany on 19 April 2007 while on a detail suffering a herniated disk in the back and a separated ADC in the left shoulder and spent four days in Landstuhl at the hospital because of severe pain and temporary paralysis. The applicant received a medical discharge in Germany and also received orders to go to Fort Riley. Upon arriving at Fort Riley, the applicant was told about not being on anyone's roster and to act on transition orders to go home, which the applicant did. The applicant stopped receiving payment in October of 2007 and tried in vain to figure out what to do. The applicant tried everything for over a year to no avail. The applicant had been charged with AWOL in January of 2009 and taken back to Fort Riley and give an AWOL discharge. The applicant has been homeless ever since discharge as a result of not being able to hold a job due to injury. After talking with the VA and a representative from the VFW, the applicant has leaned about medical discharges and should have been receiving benefits since 2007. The applicant is aware about maybe not receiving a medical discharge now but hopes to get help restoring honor by receiving an upgrade in order to go back to school on the GI Bill and receive medical help for injuries. The applicant has been mostly homeless since discharge and disgraced with this characterization of service. The applicant was an Abrams Crewman and did very well while on duty. The applicant had no disciplinary actions and was a proud Soldier. 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 Intervertebral Disc Degeneration, Bulging Inverterbral Disc, and Adjustment Disorder with Disturbance of Emotions and Conduct. The VA has diagnosed the applicant with Chronic Back Pain and Shoulder Pain. The applicant does not currently have a service-connected rating from the VA. In summary, the applicant did not have 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 29 May 2019, 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, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (AWOL) / AR 635-200 / Chapter 14-12c(1) / JKD / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 6 April 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 February 2009 (2) Basis for Separation: The applicant was informed of the following reason: for being absented from his unit from 10 September 2007 until 16 January 2009. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 19 February 2009 (5) Administrative Separation Board: On 19 February 2009, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than general (under honorable conditions). On 30 March 2009, the applicant waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 1 April 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 February 2006 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 21 / GED / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19K10, M1 Armor Crewman / 1 year, 9 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 10 February 2009, for being absent without authority from 10 September 2007 until his return on 16 January 2009. The punishment consisted of reduction to E-1, forfeiture of $700 pay per month for two months; extra duty and restriction for 45 days, and oral reprimand. Counseling statements for going AWOL. i. Lost Time / Mode of Return: AWOL 494 days (10 September 2007 to 15 January 2009), the applicant was apprehended j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. 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 applicant seeks relief contending, he was injured in Germany on 19 April 2007 while on a detail suffering a herniated disk in his back and separated ADC in his left shoulder and spent four days in Landstuhl at the hospital because of severe pain and temporary paralysis. He received a medical discharge in Germany and also received orders to go to Fort Riley. Upon arriving at Fort Riley he was told he wasn't on anyone's roster and to act on his transition order to go home which he did. He stopped receiving payment in October of 2007 and tried in vain to figure out what to do. He tried everything he could for over a year to no avail. He had been charged with AWOL in January of 2009 and taken back to Fort Riley and give an AWOL discharge. He contends he has been homeless ever since his discharge as a result of not being able to hold a job due to his injury. After talking with the VA and a representative from the VFW he has leaned that he should have been medically discharged and been receiving benefits since 2007. He is aware that he may not be able to receive a medical discharge now but he hopes to get help restoring his honor by receive an upgrade so he can go back to school on the GI Bill and receive medical help for his injuries. He has been mostly homeless since his discharge and disgraced with his characterization of service. He was an Abrams Crewman and did very well while on duty; he had no disciplinary actions against him and he was a proud Soldier. The applicant's contentions were noted; however, 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. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before, during, or after committing the misconduct which led to the separation action under review. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive the benefits afforded by the VA for his injury and to go back to school. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 on 29 May 2019, 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, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, paragraph 14-12c e. Change SPD / RE Code to: JKQ / 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 AR20180006272 1