1. Applicant's Name: a. Application Date: 21 March 2019 b. Date Received: 29 March 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable and a change to the narrative reason for separation to Secretarial Authority to include the reentry eligibility (RE) code. The applicant through counsel seeks relief contending, in effect, was stressed due to an injury and distressed over the situation, the applicant went AWOL again. The discharge prevents the applicant from becoming a police officer. The applicant was improperly discharged as the result of multiple procedural errors, regulatory violations and due process violations. The applicant was immature, a minor and reacted in a way not expected of the applicant in the military. The passage of time shows that the applicant is an accomplished and qualified person who wishes to continue serving the country and community. In a records review conducted at Arlington, VA on 27 May 2020, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the matters surrounding the AWOL. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to uncharacterized. 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: 16 April 2004 c. Separation Facts: Yes (1) Date Charges Were Preferred: 15 March 2004 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which shows on 15 March 2004, the applicant was charged with being AWOL (1 February 2004 until 4 March 2004). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 March 2004, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 April 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 November 2003 / 3 years b. Age at Enlistment / Education / GT Score: 17 years / GED Certificate / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 3 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 31 January 2004, for without authority, absented himself from his unit (16 January 2004 to 21 January 2004); forfeiture of $312 pay for one month, extra duty and restriction for 14 days. i. Lost Time / Mode of Return: AWOL x2 for 38 days, 16 January 2004 to 20 January 2004 for 5 days, returned to unit; and 1 February 2004 to 3 March 2004 for 33 days, apprehended by civilian authorities. Also the applicant had 16 days of excess leave, 1 April 2004 to 16 April 2004. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Enclosure 1, DD Form 293; Enclosure 2, representational power of attorney; Enclosure 3, privacy act release; Enclosure 4, DD Form 214; Enclosure 5, sworn declaration of applicant; Enclosure 6, applicant's OMPF; Enclosure 7, service medical record; Enclosure 8, memorandum for separation in lieu of trial; Enclosure 9, birth and marriage certificates; Enclosure 10, applicant's school records; Enclosure 11, background check; Enclosure 12, applicant's civilian employment records; Enclosure 13, applicant's qualifications; and Enclosures 13 through 18, character reference statements. 6. POST SERVICE ACCOMPLISHMENTS: He worked in security at Home Depot after successfully passing two background checks (one background check to be a security guard, and one background check to carry a firearm), and has been commended by his employer, Paladin Private Security. He also completed 50 hours of pilot training. 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 although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. AR 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court- martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable and a change to the narrative reason for separation to Secretarial Authority to include the reentry eligibility (RE) code. 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 significant acts of achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of separation. The applicant requests a change to the narrative reason for separation to Secretarial Authority. AR 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial. The regulation further stipulates that no deviation is authorized. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. The applicant through counsel seeks relief contending, he was stressed due to his injury and distressed over his situation, he went AWOL again. The record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Community Counseling Center and other medical resources available to all Soldiers. The applicant 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 further contends, his discharge prevents him from becoming a police officer. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant also contends, he was improperly discharged as the result of multiple procedural errors, regulatory violations and due process violations. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was improperly and unjustly discharged. The applicant additionally contends, he was immature, a minor and reacted in a way not expected of him in the military. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Lastly, the applicant contends, the passage of time shows that the applicant is an accomplished and qualified person who wishes to continue serving his country and community. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. There was no basis to grant a change to the reason or to the RE code. 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 27 May 2020, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the matters surrounding the AWOL. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to uncharacterized. 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: Uncharacterized 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 AR20190005992 1