Applicant Name: ????? Application Receipt Date: 2009/12/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I am requesting a change in Discharge .Characterization received during my separation from the United States Army in November 2008. I [redacted] served in The United States Army from November 2005 until my recent release in November 20OS. When I re-enlisted in November 2007 at which time I had anticipated in completing my full term of duty until I became ill. I was hospitalized in 2008 for Post Traumatic Stress Disorder and Anxiety while in the military. After feeling depressed and suicidal, I felt I was having a nervous breakdown, so I went to see a psychiatrist. I was hospitalized for a week. After being hospitalized, I was on medication for insomnia, depression and anxiety. I remained depressed and unable to sleep. These medications did get me to sleep, but only for short periods of time. I remained asleep for fifteen minutes at a time. Due to exhaustion an anxiety, my behavior became very irrational, illogical, and bizarre. I was very suicidal, and my memory was very poor, I believed I was loosing my mind. I found myself doing things I would have never done had I been In my right state of mind. I couldn't make Physical Training on time. Due this behavior I was demoted and relieved from my duties as 42A with a discharge of Pattern of Misconduct (Under Honorable Conditions (General), instead of a Honorable or Medical Discharge. My plan was to make the military a career, but in my frame of mind there was no way I could forefeel my duties. I did forefeel the first half of my second enlistment period of one year and had no intentions of not forefeeling the second half of my obligation to The United States Army, before this happened to me. Since my discharge I have been diagnosed with Post Traumatic Stress Disorder with depression by Veterans Affairs, and have been under doctors care for this disorder. Managing my life has been very difficult since discharge. My concentration is still poor, I have difficulty conducting business. Simple task are difficult, I have sudden outburst of anger, difficulty sleeping, and thoughts of suicide and have tried to kill myself once since my release. I attend groups every week to help me sort though my thoughts, and have to see the psychiatrist on regular bases, at least once a week. I have to take anti-depressants, and anti-anxiety medications for the rest of my life. I get very startled from the simplest sounds. My family and friends thinks I am crazy because of my constant outbursts of anger for no reason. , can't be a normal person anymore. I still suffer with multiple physical problems such as; Seborrheic Dermatitis of the scalp, Lumbar spine strain (upper and lower back), right ankle arthritis, headaches, insomnia, anxiety, depression, and occasional fevers for no reason, and have colds constantly. life has been very difficult to manage. My mother has helped me with simple tasks, because I can't remember things. What kind of man has to have his mother to help him with things they feel they should be able to do? In providing this information and documentation; I hope this is reason for you to grant me the up-grade of Honorable Discharge. Please see all attached documents (8) to support my request." II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 081022 Discharge Received: Date: 081125 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HHC STB, 1st AD, Fort Bliss, TX Time Lost: 1 day, AWOL (081125-081125), returned to unit. Article 15s (Charges/Dates/Punishment): 080813, failure to report on three occasions (080622, 080703, 080721), disobeyed the lawful order of an NCO (080722), reduction to E-1 (supended), forfeiture of $314 (suspended), 14 days of extra duty and restriction (CG) 080514, failure to report on two occasions 080417, 080418), disobeyed the lawful order of an NCO (080410), disrespectful in language towards an NCO (080411), with intent to deceive provided a false statement (080414), reduction to E-2, forfeiture of $700 for two months (one month suspended), 21 days of extra duty (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 27 Current ENL Date: 071102 Current ENL Term: 6 Years ????? Current ENL Service: 01 Yrs, 00Mos, 23Days ????? Total Service: 03 Yrs, 00Mos, 16Days ????? Previous Discharges: RA 051109-071101/HD (Immediate Reenlistment) Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92F10/Petroleum Supply Spc GT: 97 EDU: HS Grad Overseas: SWA Combat: Iraq (061031-071222) Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM W/CS, asr, osr V. Post-Discharge Activity City, State: South Holland, IL Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 22 October 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct—for failing to report to his designated place of duty on three occasions (080703, 080721, 080722), with a general, under honorable conditions discharge. He was advised of his rights. On 12 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 21 November 2008, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation 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 absence 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined 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. By the repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a general or a fully honorable discharge. The applicant contends that his undiagnosed PTSD led him to commit all the acts of misconduct. However, the record shows that prior to his discharge he was evaluated by competent medical authority and he found no evidence of any mental disease or defect, which would warrant a disposition through medical/psychiatric channels. Further, the psychiatrist stated that the applicant reported no suicidal or homicidal thoughts at the time and he cleared the applicant for any administrative action deemed appropriate by command. Further, the analyst acknowledges the applicant's medical issues and diagnosis of PTSD outlined in the documents with his application. However, in review of the applicant’s entire service record, the analyst found that this medical conditions did not overcome the reason for discharge and characterization of service granted. The analyst concluded that just because someone is suffering from PTSD does not mean that they don't know the difference between right and wrong or that they do not have control over their behavior. There are many Soldiers with the same condition that complete their service successfully. 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. The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 1 September 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: VA diagnosis and allied medical documentation related to the applicant's PTSD. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100000441 ______________________________________________________________________________ Page 1 of 4 pages