Applicant Name:  ?????

Application Receipt Date: 2011/02/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was a successful and productive Soldier in the Army National Guard for approximately 18 years when my unit was mobilized to Iraq. We were mobilized in February 2003 and arrived in the Iraq theater April 2003.  During that time we were subject to mortar and RPG attacks and were busy with our assigned missions. In August 2003 I was sent to the area CSH (Combat Support Hospital) for problems with breathing.  I was diagnosed with pneumonia and EVAC was arranged to Landstuhl Regional Medical Center in Germany.

I was upset to be taken out, of theater and while at Landstuhl I began to feel worried and increasingly anxious.  I didn’t know what was going on with my belongings and was missing my fellow Soldiers in my unit.  I kept telling them that  I “just want to go with my unit” even telling them that the breathing problems were just anxiety and not pneumonia.  I was desperate to go back.  Because of all the upset and my statements about being anxious I was scheduled to see a psychologist at Landstuhl.   As a result of my upset and anxiety I was transferred CONUS to Walter Reed Army Medical Center.  This was around the end of August 2003.  This caused me to feel even more anxiety and upset as now I was even farther away from my unit in Iraq.

 I was sent from Walter Reed to a WTU (Warrior Transition Unit) at Ft Dix, NJ and put on a 90 day profile for my anxiety and upset, which only made me feel worse.  My profile ended in December 2003 and I was happy to know I would be able to go back to Iraq and re-join my unit.  I was permitted to go off base to see my family prior to going.  At the time I did not have a civilian driver’s license but my NCOICs had known that and permitted me to drive on base anyway when I was needed for military transportation (I deployed to Iraq with a transportation unit).  I borrowed my brother’s car and had a POV inspection completed by my Platoon SGT prior to going off base to my family.  This POV inspection included review of license, which he knew I didn’t have but he signed-off on it anyway.

I believe I got carried away while being off base due to everything I had been through over the past months.  All I wanted to do was get back to my unit.  I unfortunately drank alcohol in celebration while off base and was pulled over and charged with a DUI on my return to base.  The Ft Dix MPs were called and I was not only written up for the DUI but they accused me of lying about the car and my license.

Even though the Platoon SGT had to physically “look” at my “license” in order to sign-off on the POV check sheet allowing me to drive, I was entirely blamed.  The 1st SGT of the WTU stopped my re-deployment immediately which just emotionally crushed me.  I was depressed now, upset, angry and belligerent.  I couldn’t cope well with what had happened.  I spent two weeks at a behavioral health facility (civilian contractor) and then went back to Walter Reed.  I even asked to be admitted to an in-patient alcohol detox program in an effort to comply and get back over to Iraq.  I was refused and due to my continued upset and resulting behavior was sent back to Ft Dix and discharged with a less than honorable character of discharge.

I understand my behavior was less than what the military expects of its Soldiers, but I feel that my prior 18 years of service (Honorable discharge from the ARNG) and performance while in Iraq, should supersede the actions of a Soldier who was feeling displaced, forgotten, unheard and emotionally imbalanced due to being removed from theater and my unit.  Leadership failed me by cooperating in “approving” of my driving without a license and although I accept responsibility for my actions and subsequent consequences, I believe my over-all military service warrants an honorable character of discharge.  I am therefore respectfully requesting an upgrade to honorable or at the very least general under honorable conditions. "





 

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: NIF
Discharge Received: 			   Date: 040124   Chapter: 10     AR: 635-200
Reason: In Lieu Of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: Company B, Installation Support BN, Fort Dix, NJ 

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:  40
Current ENL Date: 030207    Current ENL Term: 4 Years  Enlistment Contract NIF
Current ENL Service: 	0    Yrs, 11 Mos, 7   Days ?????
Total Service:  		20  Yrs, 3   Mos, 25 Days ?????
Previous Discharges: 	ARNG  830919 - 840205/NA
                                       ADT     840206 -  840510/HD
                                       ARNG  840511 -  900510/NA
                                       ARNG  900511 - 960510/NA
                                       ARNG  960511 - 020510/NA
                                       ARNG  020511 - 030206/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 97   EDU: College Grad   Overseas: SWA   Combat: Iraq (030415 - 030811)
Decorations/Awards: ARCAM x 2, NDSM, AFRM w/BH and M, ASR

V.  Post-Discharge Activity
City, State:  Vineland, NJ
Post Service Accomplishments: None

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 his discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, 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., In Lieu Of Trial By Court-Martial) with a reentry eligibility (RE) code of "4."   

       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, the issue and document submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  However, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, In Lieu Of Trial By Court-Martial, with a characterization of service of under other than honorable conditions.  Barring evidence to the contrary, 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.  
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 14 October 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, DD Form 214, NGB 22, discharge orders, various medical records, post-deployment health assessment, POV inspection checklist, military police report, treatment letter, charge sheet, mental status evaluation, and a chaplain's memorandum.

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 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 AR20110004085
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