AR20160000336

1. Applicants Name:
a. Application Date: 14 December 2015

b. Date Received: 17 December 2015

c. Counsel: None

2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, he was in the process of being medically boarded but was not able to finish the process. He would like to rejoin the military, and if his separation and reentry codes are not changed, then he requests to be allowed to complete the medical board process.

In a records review hearing conducted at Arlington, VA on 25 July 2016, 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: 16 July 2014

c. Separation Facts:

(1) Basis for Separation: Pursuant to the applicants request for discharge in lieu of trial by court-martial under the provisions of AR 635-200, Chapter 10.

(2) Date of Notification of Intent to Separate: According to DD Form 458 (Charge Sheet), a charge of violating Article 85, UCMJ, was preferred on 4 June 2014, for absenting himself from his unit without authority on 31 May 2012, and did remain so absent in desertion until he was apprehended on 29 May 2014.

(3) Recommended Characterization: Under Other Than Honorable Conditions discharge

(4) Legal Consultation Date: 11 June 2014

(5) Administrative Separation Board: None

(6) Separation Decision Date/Characterization: 20 June 2014 / Under Other Than Honorable Conditions discharge

4. SERVICE DETAILS:

a. Date/Period of Enlistment: 23 June 2010 / 3 years, 17 weeks

b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 92

c. Highest Grade Achieved/MOS/Total Service: E-3 / 11B10, Infantryman / 2 years, 25days

d. Prior Service/Characterizations: None / NA

e. Overseas Service/Combat Service: None / None

f. Awards and Decorations: GWOTSM; ASR

g. Performance Ratings: None

h. Disciplinary Action(s)/Evidentiary Record:

Three DA Forms 4187 (Personnel Actions) report changes to the applicants duty statuses:

dated 2 June 2012, for duty status changed from PDY to AWOL, effective 1 June 2012;
dated 5 July 2012, for duty status changed from AWOL to DFR, effective 30 June 2012; and
dated 2 June 2014, for duty status changed from DFR to PDY, effective 30 May 2014.

Report of Return of Absentee, dated 29 May 2014, indicates the applicant was apprehended by civil authorities and returned to military authorities on 29 May 2014.

Charge Sheet described at the preceding paragraph 3c(1).

i. Lost Time: 738 days (AWOL: From 31 May 2012 until 29 May 2014, when he was apprehended by civil authorities and returned to military control)

j. Diagnosed PTSD/TBI/Behavioral Health: None

5. APPLICANT-PROVIDED EVIDENCE: DD Form 214, and DA Form 4187 (Personnel Action), dated 2 June 2014.

6. POST SERVICE ACCOMPLISHMENTS: None.

7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC 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 his discharge from under other than honorable conditions to general (under honorable conditions). The applicants record of service, and 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. 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 his discharge from the Army.

The applicant contends he was in the process of being medically boarded but was not able to finish the process. However, the service record does not support the applicants contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.

The applicant desires to rejoin the Military Service. However, 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.

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 hearing conducted at Arlington, VA on 25 July 2016, 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: No

b. Change Characterization to: No Change

c. Change Reason to: No Change

d. Change SPD/RE Code to: No Change

e. Restore (Restoration of) Grade to: NA

AUTHENTICATING OFFICIAL:

COL, US ARMY
Presiding Officer
Army Discharge Review Board

Legend:
AWOL – Absent Without Leave GD – General Discharge NA – Not applicable 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 OAD – Ordered to Active Duty SPD – Separation Program Designator
CG – Company Grade Article 15 IADT – Initial Active Duty Training OMPF – Official Military Personnel File TBI Traumatic Brain Injury
CID – Criminal Investigation Division MP Military Police PTSD Post-Traumatic Stress Disorder UNC – Uncharacterized Discharge
ELS Entry Level Status MST Military Sexual Trauma RE – Reentry UOTHC – Under Other Than Honorable Conditions
FG – Field Grade Article 15

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE
AR20160000336

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