IN THE CASE OF:	

		BOARD DATE:	    30 August 2012

		DOCKET NUMBER:  AR20110022463 


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 honorable and a change to his narrative reason for separation.

2.  The applicant states:

* he had post-traumatic stress disorder (PTSD) when he was stationed in Iraq 
* he could have hurt himself or others 
* his newly-appointed commander decided to send him out to see a mental health officer
* he was unstable and his command mistakenly took his behavior as insubordination
* he was punished with extra duty, forfeiture of pay, and was demoted in rank, which in turn led to another breakdown 

3.  The applicant provides:

* DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ))
* letter from the Department of Veterans Affairs New York Harbor Healthcare System
* character reference letter from another Soldier


CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 22 October 2007 for a period of 4 years.  He was trained in, awarded, and served in military occupational specialty 68W (Health Care Specialist).  The highest pay grade he attained was E-4.  He served in Iraq from 3 February 2009 – 20 January 2010.

2.  The applicant's service record reveals a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) under the provisions of Article 15 of the UCMJ on two separate occasions for the offenses indicated:

	a.  on 26 December 2009, for two specifications of disobeying a lawful command from a superior commissioned officer and a noncommissioned officer, being disrespectful in deportment toward a noncommissioned officer, and being disrespectful in language toward a noncommissioned officer; and

	b.  on 16 January 2010, for disobeying a lawful command from a superior commissioned officer, disobeying a lawful order from a noncommissioned officer, and wrongfully using reproachful words.

3.  On 8 April 2010, he underwent a mental status evaluation and was found mentally responsible.

4.  On 28 April 2010, the applicant was notified of his pending separation for a pattern of misconduct under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, paragraph 14-12b, and that he was being recommended for a general discharge.

5.  On 10 May 2010, he consulted with legal counsel and was advised of the basis of the contemplated separation action, its effects, and the rights available to him.  He waived his rights to be considered by an administrative separation board, personal appearance before a board of officers, consulting counsel, and representation by military counsel.  The applicant elected to make a statement in his own behalf and acknowledged that he understood he could encounter substantial prejudice in civilian life if he received a general discharge.

6.  The applicant stated:

* he was going through a difficult and emotional time
* he wanted to be allowed to remain in the Army 
* he submitted a request for compassionate reassignment to Fort Hamilton, New York, so he could be close to his family
* he believed the proposed separation with a general discharge was unfair to him because of his overall performance as a Soldier and a medic
* he had family issues back home and believed the stress of his family misfortunes and the inability to be there for his family contributed to the mistakes he made
* he made mistakes, was punished, and completed the punishments without delay or issues
* discharging him from the Army would have a devastating effect on his family

7.  On 25 May 2010, the separation authority directed the applicant's separation for misconduct under the provisions of Army Regulation 635-200, paragraph 
14-12b, and directed issuance of a General Discharge Certificate.

8.  On 8 June 2010, the applicant was discharged accordingly.  His DD Form 214 shows he was separated under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of misconduct (pattern of misconduct).  This form further shows the applicant completed a total of 2 years, 7 months, and 17 days of creditable active service.

9.  The applicant provided a character reference letter written by a staff sergeant who stated the applicant performed professionally during the period following his return from deployment.

10.  On 19 August 2011, the Army Discharge Review Board denied his request for an honorable discharge.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally considered appropriate for a Soldier discharged under this chapter.

12.  Army Regulation 635-200, paragraph 3-7a, states 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:

1.  The applicant's contention that his discharge should be upgraded to honorable and his narrative reason should be changed because he suffered from PTSD was carefully considered and found to be insufficient in merit.

2.  His records show he underwent a mental status evaluation prior to his discharge and was found mentally responsible.  No evidence shows he was having mental problems prior to his discharge that interfered with his ability perform his military duties or that this was the underlying cause of the misconduct that led to his discharge.

3.  The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.  His disciplinary history includes his acceptance of NJP on two separate occasions.  This conduct does not meet acceptable standards for Army personnel.  Thus, the applicant is not entitled to an honorable discharge.

4.  His narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his separation.  Therefore, there is no basis for granting the applicant's request to change his narrative reason for separation.

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 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)                                         AR20110022463



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ABCMR Record of Proceedings (cont)                                         AR20110022463



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