Applicant Name:  ?????

Application Receipt Date: 2011/02/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:  The applicant states, “I feel that I should be given a discharge upgrade to honorable.  I feel that I was discharged as a direct result of Post Traumatic Stress Disorder.  As I returned from a combat tour I had difficulties with this and spent time in patient in a mental health facility.  I have since had treatment at a VAMC for this condition.”

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: 080401
Discharge Received: 			   Date: 080430   Chapter: 14-12b     AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: D Company, 4th Battalion, 31st Infantry Regiment, 2d Brigade Combat Team, 10th Mountain Division (Light Infantry), Fort Drum, NY  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080306, incapacitated for the proper performance of his duties as a result of wrongful previous overindulgence in intoxicating liquor (080124), reduction to E-1, forfeiture of $673.00 pay per month for one month, 45 days extra duty, restriction to the limits of company area, dining facility, medical facility, place of worship, and place of duty for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050915    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2  Yrs, 7 Mos, 16 Days ?????
Total Service:  		2  Yrs, 7 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Specialist   GT: 127   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060815 - 071105)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, CAB

V.  Post-Discharge Activity
City, State:  Oakdale, MN
Post Service Accomplishments: None









VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 April 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 0700 hours accountability formation (080226), being caught operating a motor vehicle with a blood alcohol content level of .14% (080206), being incapacitated for the proper performance of his duties as a result of wrongful previous overindulgence in intoxicating liquor (080124), being caught operating a motor vehicle with a blood alcohol content level of .15% (080124), on divers occasions violating Fort Drum Regulation 215-1, by consuming alcohol while under the age of 21 (080124 – 080206) with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 1 April 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 action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 18 April 2008, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains a military police report dated, 12 February 2008.

       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 the applicant’s available military records, the issues 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 his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       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 record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst 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: 23 September 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: Mr. Andrew Tepfer, National Service Officer, Disabled American Veterans National Service Office, VA Regional Office, Room 192, Federal Building, 1 Federal Drive, Fort Snelliing, MN  55111

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, VA representative letter, ERB, reassignment orders and a DD Form 214.

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: 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 AR20110002726
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