Applicant Name:  ?????

Application Receipt Date: 2011/06/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests, in effect, through counsel, that the ADRB change his discharge characterization to Honorable; the narrative reason for separation to Secretarial Authority; and expeditious processing of this application.  The record demonstrates beyond any reasonable doubt that the applicant suffered from, and continues to suffer from PTSD as a result of his combat exposure.  The Army’s failure to recognize, accept, and properly address his condition was a major cause of the misconduct that led to his separation in lieu of court-martial.  There also is no question that his PTSD manifested itself while he was on active duty and greatly contributed to, if not directly caused, his alcohol and substance abuse. Counsel contends, a conviction at Court-Martial was by no means guaranteed, and that pretrial procedures may have resulted in dismissal of the charges and medical evaluation. The charge of malingering (feigning a mental illness) to avoid deployment simply would not have survived.  The applicant’s record of service in the Army is otherwise outstanding. He had no NJP or other disciplinary actions.  His duty performance in Iraq was highly commended.  The applicant would not wish PTSD on anyone, and most certainly would have continued his Army service if he had not suffered the misfortune of developing the condition.  The applicant is currently ineligible for VA care and cannot afford civilian health insurance.  He lost all Army benefits.  He has paid a very high price and respectfully requests that the Board correct this injustice.  He is working hard to stay clean and sober and move on with his life.  Please help him do so.


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: 100310
Discharge Received: 			   Date: 100408   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 1st Battalion, 68th Armor Regiment, 3d Brigade Combat Team, 4th Infantry Division (Mechanized), Fort Carson, CO 

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:  21
Current ENL Date: 090121    Current ENL Term: 2 Years  ?????
Current ENL Service: 	1   Yrs, 2  Mos, 17  Days ?????
Total Service:  		3   Yrs, 8  Mos, 8    Days ?????
Previous Discharges: 	RA 060801 - 090120/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 105   EDU: HS Grad   Overseas: SWA   Combat: Iraq (071203 - 090215)
Decorations/Awards: ARCOM, VUA, AGCM, NDSM, ICM w/CS, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  Woodland, CA
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 March 2010, the applicant was charged with feigning mental derangement for the purpose of avoiding service as an enlisted person (100310), communicated to Dr. G that if he was forced to board an aircraft and deploy, he’d kill his chain of command (100310).
       
       On 10 March 2010, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser-included offense.  Further, the applicant indicated he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant did not submit a statement in his own behalf.  The unit commander and the intermediate commanders recommended approval of a bad conduct discharge.  
       
       On 18 March 2010, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank. 

       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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  
       
       This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, to include his combat service as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service and the supporting documents mitigated the discrediting entries in the service record.  
       
       Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to SPC/E-4.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 9 December 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: Law Office of Raymond J. Toney, 986 Losoya Drive, Woodland, CA 95776

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement through counsel, 27 exhibits with allied documentation that includes but is not limited to medical document, newpaper articles, part of the discharge packet, various documents from the OMPF  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 notwithstanding 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 1    No change 4
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

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 AR20110013824
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