1. Applicant's Name: a. Application Date: 5 December 2018 b. Date Received: 7 January 2019 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 applicant never had a prior infraction; i.e. Article 15 and was just following instructions. The applicant contends that the acts of misconduct were related to immature. The smoking marijuana the applicant regrets and was just 21 and was not thinking right after having just lost the grandmother who raised the applicant. After being told that the applicant was being discharged, the applicant was later told by the NCOIC that the applicant should just go home and the DD Form 214 would be mailed. The applicant waited 9 months and continued with life. Nine years later, the applicant found out the applicant has been AWOL and need to finish the separation paperwork. In a records review conducted at Arlington, VA on 1 May 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: 19 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 October 2014 (2) Basis for Separation: The evidence of record contains a DD Form's 458, Charge Sheets which indicates on 16 October 2014, the applicant was charged with being absent from his unit from 15 November 2005 until his return on 8 September 2014. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 16 October 2014 (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 7 November 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 January 2003 / 4 years b. Age at Enlistment / Education / GT Score: 19 / GED / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91C10, Utilities Equipment Repairer / 3 years, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: DA Form's 4187 (Personnel Action) form, reflect the applicant's duty status changed as follows: From "Dropped from Rolls (DFR)," to "PDY," effective 8 September 2014 i. Lost Time / Mode of Return: Absent without Leave 3,220 days (15 November 2005 to 8 September 2014) / mode of return apprehension by civilian authorities. The DD Form 214 under review makes reference to 34 days of excess leave (17 October 2014 to 19 November 2014) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293 and a self-authored letter. 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 he never had a prior infraction; i.e. Article 15 and he was just following instructions. The applicant contends that his acts of misconduct were related to immature. His smoking marijuana her regrets he was just 21 and was not think right after having just lost his grandmother who raise him. After being told that he was being discharged he was later told by his NCOIC that he should just go home and his DD Form 214 would be mailed to him. He waited 9 months and continued with his life. Nine years later he founds out he has been AWOL and need to finish his separation paperwork. The applicant's contentions were noted; 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 and after committing the misconduct which led to the separation action under review. The applicant's incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 1 May 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 AR20190001746 1