1. Applicant's Name: a. Application Date: 24 June 2020 b. Date Received: 1 July 2020 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to 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, he went AWOL was because of personal, health, medical and family problems. His command made an error in discretion regarding his reason for separation from the Army. He believes that this was an error by the Army, because he left Fort Benning with a leave slip in September 2007 and did not return until October 2008, when he found out the Army considered him AWOL. He had an injury that prevented him from completing basic training; and at some point he given a leave slip and told to return home to heal. He had a leave slip from his command that hen presented upon his return, but his command disregarded it. He has bettered himself since his discharge and has become a respected member of his community. 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 no BH diagnoses The applicant has not had contact with the VA. In summary, the applicant does 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 6 November 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 / Uncharacterized b. Date of Discharge: 19 December 2008 c. Separation Facts: Yes (1) Date Charges Were Preferred: 16 October 2008 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 11 May 2007, the applicant was charged with, without authority absented himself from his unit x2 (11 September 2007 to 10 October 2007) and (28 October 2007 to 12 October 2008). (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 16 October 2008, the applicant consulted with legal counsel and requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 December 2008 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 August 2007 / 5 years, 12 weeks b. Age at Enlistment / Education / GT Score: 17 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 3 months, 19 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: FG Article 15, dated 23 October 2007, for without authority, absented himself from his unit (11 September 2007 to 10 October 2007); reduction to PV2 / E-2, forfeiture of $340 pay for one month. i. Lost Time / Mode of Return: AWOL x2 for 375 days, 11 September 2007 to 10 October 2007 for 30 days; mode of return unknown, and 28 October 2007 to 12 October 2008 for 345 days. Applicant also had 64 days of excess leave, 17 October 2008 to 19 December 2008. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's brief (six pages); Exhibits 1 thru 10, separation documents as listed with the attorney's brief (10 pages); and applicant's letter of intent. 6. POST SERVICE ACCOMPLISHMENTS: The Applicant states through counsel in the attorney brief he attended St. Phillip's College and Northwest Vista College in San Antonio, Texas. He is two semesters away from receiving his associate degree. Additionally, he has worked consistently since his separation. He was an assistant manager at Valero and Family Dollar in San Antonio, Texas until 2010 before accepting a position with Texas Lawman Security Company in 2011. He was employed as a company patrol supervisor and has worked his way up the ladder to become a manager. The Applicant and his family are also active in their church, St. Jude Catholic Church in San Antonio, Texas. 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 general (under honorable conditions) or honorable and a change to the narrative reason for separation to Secretarial Authority to include the RE code. 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 applicant was charged with AWOL and while still in entry-level status voluntarily requested discharge in lieu of trial by court-martial. In essence the applicant's separation action was initiated while the applicant was in an entry-level status and the command had the option to characterize the service under other than honorable conditions or to describe it as uncharacterized. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct that a Soldier's service will be uncharacterized when his separation is initiated while the Soldier is in entry level status (ELS). An honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and /or performance of duty. The applicant requests a change to the narrative reason for separation to Secretarial Authority to include the reentry eligibility (RE) code. 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. Soldiers being processed for separation are assigned reentry codes based on their 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. The applicant through counsel seeks relief contending, he went AWOL was because of personal, health, medical and family problems. 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 command made an error in discretion regarding his reason for separation from the Army; and he believes that this was an error by the Army, because he left Fort Benning with a leave slip in September 2007 and did not return until October 2008, when he found out the Army considered him AWOL. 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 applicant also contends, he had an injury that prevented him from completing basic training; and at some point he given a leave slip and told to return home to heal; and he had a leave slip from his command that hen presented upon his return, but his command disregarded it. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support these contentions. There is no evidence in the record, nor has the applicant produced any evidence to support these contentions that he had an injury that prevented him from completing basic training, he had a leave slip when he returned, the command disregarded it and he was unjustly discharged. The applicant additionally contends, he has bettered himself since his discharge and has become a respected member of his community. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant's post-service accomplishments have been noted as outlined in the attorney's brief. 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 6 November 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 / 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 AR20200006549 1