IN THE CASE OF:	  

		BOARD DATE:	    25 January 2011

		DOCKET NUMBER:  AR20100016677 


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 an upgrade of his general discharge to an honorable discharge.

2.  The applicant states, in effect, the Department of Veterans Affairs (VA) diagnosed him as suffering from post-traumatic stress disorder (PTSD).  Therefore, he believes his discharge should be upgraded based on his experiences in Iraq.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty); VA treatment summary; a letter from the VA in Charleston, SC to the VA in Columbia, SC presenting the applicant's condition; a VA Rating Decision; four DA Forms 67-9 (Officer Evaluation Report); and nine reference letters. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the U.S. Army Reserve on 25 November 1996.  On 12 May 2000, he accepted a Reserve commission as a second lieutenant and he was awarded the specialty of signal officer.  He was promoted to the rank of captain on 1 December 2003.

2.  Records show he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 22 January 2005 for failure to obey a lawful general order by wrongfully possessing and consuming alcohol while deployed.
3.  On 10 May 2005, he received a general officer reprimand for driving under the influence of intoxicating liquor.  The reprimand indicated the vehicle he was driving was involved in a traffic accident and his blood alcohol content at the time of his arrest was .3, three times over the legal limit.

4.  Evidence of record shows that on 10 May 2005 he was notified of the initiation of elimination proceedings under the provisions of chapter 4, Army Regulation 600-8-24, by reason of misconduct, moral or professional dereliction.  He was directed to show cause for his retention in the Army after he wrongfully disobeyed a lawful regulation not to drink alcohol while in Iraq and for driving under the influence of alcohol.  He was advised he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry.

5.  On 2 June 2005, he tendered his resignation under the provisions of Army Regulation 600-8-24, chapter 4, in lieu of further elimination proceedings.  On 25 July 2005, he waived his right to appear before a Board of Inquiry.

6.  A Human Resource Command memorandum, subject: Resignation in Lieu of Elimination, dated 20 September 2005, indicated the applicant's elimination was approved and directed that he be issued a general discharge.

7.  On 21 October 2005, he was discharged under the provisions of Army Regulation 600-8-24, paragraph 4-2b and paragraph 4-24a(1) by reason of unacceptable conduct, with a general discharge.  The DD Form 214 issued to him shows he completed a total of 7 years, 27 months, and 11 days of active service and 3 years and 3 months of inactive service.

8.  On 19 December 2007, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge.

9.  The applicant provided a letter from the VA in Charleston, SC, dated 17 December 2008, in reference to his medical condition at the time.  The letter indicated he returned from deployment with PTSD and that he was suffering from moderate symptoms of PTSD.

10.  He also provided a VA Rating Decision, dated 5 February 2009, showing he was granted a 50 percent disability rating effective 22 October 2005.

11.  He provided four DA Forms 67-9 and nine letters of reference attesting to his past attributes, skills, and character. 

12.  Army Regulation 600-8-24 sets forth the basic authority for officer transfers and discharges. Chapter 4 outlines the policy and procedures for eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.

13.  Army Regulation 600-8-24, paragraph 1-22, provides that the character of service will be predicated on the officer’s behavior and performance while a member of the Army.  Characterization normally will be based on a pattern of behavior and duty performance rather than an isolated incident.  However, there are circumstances in which conduct reflected by a single incident may provide the basis of characterization of service.

14.  Army Regulation 600-8-24, paragraph 1-22a, provides that an officer will normally receive an honorable characterization of service when the quality of the officer’s service has met the standards of acceptable conduct and performance of duty for an officer.

15.  Army Regulation 600-8-24, paragraph 1-22b, provides that an officer will normally receive an under honorable conditions characterization of service when the officer’s military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A separation under honorable conditions will normally be appropriate when an officer:

   a.  Submits an unqualified resignation or a request for release from active duty under circumstances involving misconduct; or 

   b.  Is separated based on misconduct, including misconduct for which punishment was imposed, which renders the officer unsuitable for further service, unless an under other than honorable conditions separation is appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge should be upgraded because he suffered from PTSD which was the basis for his problems while he was in the service.  While he provided documentation showing the VA diagnosed him with PTSD, there is no evidence that his discharge or misconduct was the result of any medical condition.  Furthermore, he provided no explanation as to how his diagnosis of PTSD excuses or justifies his behavior.  Therefore, his contention of having suffered from PTSD was not considered sufficiently mitigating in the determination of his case.

2.  Records show he accepted NJP for failure to obey a lawful general order by wrongfully possessing and consuming alcohol while deployed.  He received a general officer reprimand for driving under the influence of intoxicating liquor with a blood alcohol content at the time of his arrest of three times the legal limit.

3.  His entire military record and the character references were taken into consideration and given the seriousness of his misconduct his service is appropriately characterized.  His 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 his misconduct, he diminished the quality of his service below that meriting a fully honorable discharge.  He provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that his service or PTSD mitigated the misconduct.  

4.  The evidence shows he was properly and equitably discharged in accordance with regulations in effect at the time.  He voluntarily resigned his commission in lieu of elimination from the service for his unacceptable conduct.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The records contain no indication of procedural or other errors that would have jeopardized his rights.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100016677



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016677



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1