IN THE CASE OF:
BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100011902
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his general discharge be upgraded to honorable.
2. The applicant states he joined the Army following the terrorist attacks on our nation in 2001 because he wanted to fight against the enemies of our country. He completed infantry and airborne training and was assigned to the 82nd Airborne Division. He served in Iraq and experienced a lot of combat. He goes on to state that upon returning home after one year in combat he realized he was affected by the things he saw and did in Iraq. He decided to seek help from the mental health clinic and that decision may have saved his life and helped him to understand what a terrible condition Post Traumatic Stress Disorder (PTSD) is. He states that due to protocol he was removed from normal infantry operations which made things worse. He was forced to seek more help after he left the military. He indicates he has been heavily medicated for the last 5 years due to PTSD symptoms. He is ashamed for his actions but now understands that they were directly related to the events he witnessed during combat. He further states one of the things that affects him is the fact he had to leave the Army so abruptly due to actions he had little control over due to the fact he did not know how to deal with PTSD.
3. The applicant provides 16 documents outlined in his application in the supporting documents section.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 13 November 2001 for a period of 3 years. He trained as an infantryman and arrived in Iraq on 14 February 2003. He was honorably discharged on 3 January 2004 for immediate reenlistment. He reenlisted on 4 January 2004 for a period of 4 years. He departed Iraq on 23 January 2004.
2. The facts and circumstances surrounding the applicants discharge are not contained in the available records. However, the applicants DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under honorable conditions (a general discharge) on 7 December 2004 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct for commission of a serious offense. He served a total of 3 years and 25 days of creditable active service.
3. The applicant provided service medical records which show he was diagnosed with PTSD. A DA Form 3822-R (Report of Mental Status Evaluation), dated 13 September 2004, show he was diagnosed with polysubstance dependence, PTSD, and adult antisocial disorder. He also provided documentation from the Department of Veterans Affairs which shows service connection was granted for PTSD with difficulty sleeping, depression, anxiety and memory loss (50 percent) effective 13 November 2007.
4. On 24 February 2009, the Army Discharge Review Board denied the applicant's request for an honorable discharge.
5. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. Chapter 14, in effect at the time, established policy and prescribed procedures for separating members for misconduct. Specific categories included minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, and abuse of illegal drugs. The issuance of a discharge under other than honorable conditions was normally considered appropriate. However, the separation authority could direct a general discharge if such was merited by the member's overall record.
6. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. However, in the absence of evidence to the contrary, it must be presumed that the applicants separation was administratively correct and in conformance with applicable regulations. As a result, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100011902
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ABCMR Record of Proceedings (cont) AR20100011902
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