Applicant Name:  ?????

Application Receipt Date: 2011/04/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he believes that the record is unjust because he was diagnosed with Post Traumatic Stress Disorder (PTSD) while on active duty.  He contends that he should have received more extensive counseling and treatment, his conduct and actions resulted from PTSD.   

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 071019   Chapter: 3      AR: 635-200
Reason: Court-Martial, Other	   RE:     SPD: JJD   Unit/Location: 508th Transportation Co, Fort Eustis, VA 

Time Lost: Confinement/Military Authorities for days (050901-060115).

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 051121, SPCM, stole gasoline, of a value less than $500, the property of AAFES (050814); unlawfully assault another Soldier by slamming him onto the hoods of two cars (050827); escaped from the custody of a SFC, a person authorized to apprehend him (050901); and absented himself from his unit (AWOL) (050901-050913); confinement for eight (8) months and a bad conduct discharge.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 041215    Current ENL Term: 03 Years  00
Current ENL Service: 	02  Yrs, 10 Mos, 05 Days ?????
Total Service:  		06  Yrs, 00 Mos, 23 Days includes 642 days of excess leave (060116-071019)
Previous Discharges: 	ARNG-010512-010625/NA
                                       ADT-010626-020128/HD
                                       ARNG-020129-020227/HD
                                       RA-020228-041214/HD
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 101   EDU: HS Grad   Overseas: Germany   Combat: (Dates NIF)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Greenville, North Carolina   
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 November 2005, the applicant was found guilty by a special court-martial of wrongfully stealing gasoline, of a value less than $500, the property of AAFES (050814); unlawfully assaulting another Soldier by slamming him onto the hoods of two cars (050827); escaping from the custody of a SFC, a person authorized to apprehend him (050901); and absenting himself from his unit (AWOL) (050901-050913). He was sentenced to confinement for eight (8) months and a bad-conduct discharge.  
       On 18 May 2006, the sentence was approved.  The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review.  On 30 January 2007, the United States Army Court of Military Review affirmed the approved findings of guilty and the sentence. 
       
        On 14 June 2007, the sentence having been affirmed pursuant to Article 71c having been complied with, the sentence was ordered to be executed.   

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, Section IV,  establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would warrant clemency.   
       
       There was a full consideration of all faithful and honorable service as well as the incidents of misconduct.  The evidence of record indicates that the applicant was adjudged guilty by court-martial and that the convening authority approved the sentence.  Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  
       
       The analyst is empowered to recommend a change to the discharge only if clemency is determined to be appropriate.  By the misconduct (court-martial conviction), the applicant diminished the quality of his service below that meriting a fully  honorable discharge.
       
       The applicant contends that he was diagnosed with PTSD while on active duty and he should have received more extensive counseling and treatment, and that his conduct and actions resulted from PTSD.  The evidence of record shows that on 21 June 2005, the applicant was diagnosed by competent medical authority with PTSD and prescribed a treatment plan that he agreed to.  
       
       Further, just because the applicant suffered from PTSD does not mean he didn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.  In review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted. 
       
       Although the applicant did not properly annotate on the DD Form 149 requesting a possible upgrade of his discharge; he was given the benefit of this review as instructed in pertinent part (E.3.1.3.2) by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.
       
       Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed.  After a thorough review of the applicant’s record, the issues and documents submitted with the application, the analyst found no cause for clemency and therefore recommends to the Board to deny clemency.
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 4 November 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated (110405); Two (2) dd Forms 214, dated (020128), (071019); Chronological Record of Medical Care, consisting of nine (9) pages.

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 found no cause for clemency and therefore voted to deny relief
      
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
Reason -     Change 0    No change 0
(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: None

Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder












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 AR20110008211
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