1. Applicant's Name: a. Application Date: 18 June 2018 b. Date Received: 11 July 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, while stationed at Fort Carson, the applicant was involved in a car accident. Before the accident, the military career was exemplary and was in good standing after the incident. The applicant had went to a number of Soldier of the Month boards and was selected to represent every unit where the applicant was assigned. The applicant went AWOL and was picked up at Fort Knox and then discharged, but only had four months left in the Army. The applicant further details the contentions in an allied self-authored statement. In a records review conducted at Arlington, VA on 18 December 2019, 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: 6 February 2004 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 22 January 2004, the applicant was charged with two specifications of violating Article 86, UCMJ, for being AWOL: Specification 1: In that the applicant, Special Processing Company, U.S. Army Personnel Control Facility, Fort Knox, KY, did, on or about 9 May 2000, without authority, absent himself from his organization, to wit: 764th EOD, located at Fort Carson, CO and did remain so absent until on or about 27 September 2000. Specification 2: In that the applicant, Special Processing Company, U.S. Army Personnel Control Facility, Fort Knox, KY, did, on or about 30Sep 00, without authority, absent himself from his organization, to wit: Special Processing Company, U. S. Army Personnel Control Facility, located at Fort Knox, KY and did remain so absent until on or about 12 January 2004. (2) Legal Consultation Date: 22 January 2004 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 27 January 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 May 1996 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-5 / 75B10, Personnel Administration Specialist / 5 years, 10 months, 24 days d. Prior Service / Characterizations: RA, 23 June 1994 - 13 May 1996 / HD e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: ARCOM-2, AAM-2, AGCM, NDSM, ASR, OSR g. Performance Ratings: January 1998 - September 1998 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 9 May 2000; From "AWOL" to "Dropped From Rolls (DFR)," effective 8 June 2000; From "PDY" to "DFR," effective 30 September 2000; and, From "DFR" to "PDY," effective 12 January 2004. i. Lost Time / Mode of Return: AWOL, 9 May 2000 - 26 September 2000 / Apprehended by Military Authorities AWOL, 30 September 2000 - 11 January 2004 / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: 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 general (under honorable conditions). 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 discharge by the separation authority at the time of discharge. The applicant contends that he was involved in an accident that affected his behavior and ultimately caused him to be discharged. However, 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 committing the misconduct which led to the separation action under review. The applicant contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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 18 December 2019, 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 AR20180010104 1