Applicant Name: ????? Application Receipt Date: 2010/06/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, his discharge is inequitable because it is based on one isolated incident in over 18 years of service in both active duty and the National Guard. His unit commander MAJ H (formerly CPT B) recommended a lesser punishment, specifically a Field Grade Article 15. Since returning home, he has been diagnosed with Post Traumatic Stress Disorder (PTSD), which is directly connected to his service in Iraq. His current disability rating with the VA is 30% for PTSD. He currently attends regular counseling sessions to help him better manage his anger and irritability. Therefore, he believes it is reasonable to consider that his PTSD directly led to his momentary loss of military bearing, eight months into his combat deployment to Iraq. 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: CDR's recommendation NIF Discharge Received: Date: 041229 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court Martial RE: SPD: KFS Unit/Location: Headquarters, III Corps, Victory Base, Iraq APO 09342-1400 Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 37 Current ENL Date: 031212 Current ENL Term: NIF Years ????? Current ENL Service: 1 Yrs, 0 Mos, 18 Days ????? Total Service: 18 Yrs, 3 Mos, 19 Days ????? Previous Discharges: RA 860910 - 880609/HD ARNG 880610 - 920721/HD ARNG 920722 - 000427/HD ARNG 000428 - 031211/HD Highest Grade: E-6 Performance Ratings Available: Yes No MOS: 88M00 Motor Transport Operator GT: 112 EDU: 2 Years College Overseas: Germany (870120 - 880608), Kuwait and Iraq (040217 - 041217) Combat: Kuwait and Iraq (040217 - 041217) Decorations/Awards: AAM, ARCAM x 4, NDSM x 2, GWOTEM, GWOTSM, AFRM w/M, NCOPDR w/2, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: Employed as a trucker VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the Service-in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4." The evidence of record shows that on (041102) the applicant was charged with assault on a superior noncommissioned officer, was disrespectful in language and deportment toward a noncommissioned officer, wrongfully communicated a threat to injure 1SG W, by saying “I came in here to punch your face in.” On 6 December 2004, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include his combat service, and the supporting medical documents from the Veterans Administration, mitigated the discrediting entries in the service record. Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions. However, the reason for discharge remains both proper and equitable. This action entails a restoration of grade to SSG/E-6. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 March 2011 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 with a self-authored statement, multiple attachments which include VA documents, letters of support, college transcript, and two DD Forms 214. VIII. Board Discussion, Determination, and Recommendation Notwithstanding the analyst’s 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 2 No change 3 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: No Change 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 AR20100018061 ______________________________________________________________________________ Page 3 of 3 pages