1. Applicant's Name: a. Application Date: 2 July 2018 b. Date Received: 6 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 pertinent part and in effect, shortly after arriving to the permanent duty station, a tragic accident occurred, which involved the loss of the applicant's fiancée. Upon receiving the news of her death, the applicant promptly requested leave to return home and mourn the loss of the loved one. However, the unit denied the request because the applicant was not married and she was obviously of no blood relation. Being new to the Army and without any guidance on what steps the applicant should take, the applicant went AWOL. The applicant returned to the unit after a few months, but without the correct mindset of returning to duty. The applicant had to deal with the disciplinary action from the decision of going AWOL. The applicant regrets thinking that the best course of action was to leave again. Upon returning from AWOL, the applicant was placed in confinement for a month and then discharged. The applicant realizes what was wrong and deserved the jail time, including the discharge. However, the applicant seeks compassion due to the loss of the fiancée and inexperience in life, which caused a decision that has affected life for years. An upgrade would greatly assist with the goals of the applicant's life. Since discharge, the applicant worked towards being the most productive member of society. The applicant has two children and works full-time to support the family. 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 Adjustment Disorder, Alcohol Related Disorder, and Alcohol Abuse. The applicant does not have any VA records available for review. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 8 January 2020, and by a 3-2 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 4 August 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 July 2011 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was absent without leave on 19 October 2010, and remained absent until 17 February 2011. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 7 April 2011 (however, there is also a waiver, dated 8 July 2011, in the file) (5) Administrative Separation Board: Waived, 7 April 2011, pursuant to an accepted Offer to Plead Guilty, dated 7 April 2011. The applicant pleaded guilty to the specification of Article 86 UCMJ, in exchange for referring the charge and its specification to a summary court- martial. (6) Separation Decision Date / Characterization: 25 July 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 November 2009 / 6 years b. Age at Enlistment / Education / GT Score: 19 / GED / 109 c. Highest Grade Achieved / MOS / Total Service: E-2 / 15T10, UH-60 Helicopter Repairer / 1 year, 5 months, 4 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Sworn Statement, dated 29 March 2011, rendered by the applicant during a questioning / answering session by his platoon leader in ascertaining the reason and circumstances surrounding his AWOL offense. Record of Trial by Summary Court-Martial and its associated documents, indicates the applicant was found guilty of the following charge on 20 April 2011: Violation of Article 86, UCMJ, for being AWOL on 19 October 2010, and remained absent until 17 February 2011. The sentence consisted of 30 days of confinement and forfeiture of $978 pay per month for one month. Offer to Plead Guilty, dated 7 April 2011, and its acceptance, indicates that the applicant offered to plead guilty to the Charge of violating Article 86, UCMJ, but not guilty to the Charge of desertion in violation of Article 85, UCMJ, and to waive his right to an administrative separation board, in exchange for referring the charge and its specification to a Summary Court-Martial. Report of Mental Status Evaluation, dated 8 June 2011, providing no diagnosis, cleared the applicant for any administrative actions deemed appropriate by his command. i. Lost Time / Mode of Return: 122 days (AWOL on 19 October 2010, and remained absent until 17 February 2011) / The applicant surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 2 July 2018. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that since his discharge, he worked towards being the most productive member of society and he has been employed full-time to support his family. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 available record of service and the issues submitted with his application were carefully reviewed. The record confirms that 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. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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 contends that he was having family issues, such as losing his then fiancée due to a tragic accident, which 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. In consideration of the applicant's post-service accomplishments, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 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 8 January 2020, and by a 3-2 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 AR20180012413 1