Applicant Name:  ?????

Application Receipt Date: 2011/07/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that while serving in Iraq (2008-2009), he started to have anxiety attacks and never recovered.  He asked his chain of command to return him to Fort Lewis to get the help he needed.  His anxiety and depression got worse and he felt his chain of command began to treat him unfairly and to target him because they thought he was malingering.  He thinks he was a good Soldier who made a plea deal and was told he would get a general, under honorable conditions discharge.  

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: 101228
Discharge Received: 			   Date: 110323   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Co, 51st Signal Bn, JBLM, WA 

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:  33
Current ENL Date: 090422    Current ENL Term: 5 Years  ?????
Current ENL Service: 	01 Yrs, 11 Mos, 02 Days ?????
Total Service:  		11 Yrs, 00 Mos, 21 Days ?????
Previous Discharges: 	ARNG 990922-001115/HD      IADT 000229-000809/UNC
                                       RA 001116-030730/HD           RA 030731-060118/HD
                                       RA 060119-080421/HD           RA 080422-090421/HD

Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92A10/Autom Log Spc   GT: 96   EDU: GED   Overseas: SWA, Korea   Combat: Iraq x 2 (060917-070908 and 080817-090823)
Decorations/Awards: ICM-3, AAM, MUC, AGCM-3, NDSM, GWOTSM, KDSM, ASR, OSR-4

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 November 2010, the applicant was charged with two specifications of leaving his place of duty without authorization (100909, 100920); desertion with intent to avoid field exercises (100913-100914); disrespecting a commissioned officer (100907); disobeying a lawful order from a commissioned officer (100913); and two specifications of disrespecting an NCO (100807, 100920).    
       On 3 December 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.  He conditioned his Chapter 10 request to receiving a general, under honorable conditions discharge.  Once again on 26 January 2011 and again on 15 February 2011 he consulted with legal counsel and ultimately submitted a Chapter 10 request in lieu of trial by court-martial without any conditions.  The unit and senior intermediate commanders recommended approval of the Chapter 10 request with a general, under honorable conditions discharge.    
       
       On 24 February 2011, the separation authority approved the Chapter 10 request and directed a 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 military records, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The evidence of record indicates that the applicant was charged with the commission of several offenses punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  
       
       The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of that prior to requesting discharge. 
       
       The applicant contends that was a good Soldier who made a deal to get a general discharge.  However, the record indicates that the deal he attempted to work through his trial defense counsel was not accepted by the approving authority and the applicant ultimately requested a Chapter 10 without any conditions.  The separation authority considered the severity of the offenses and the recommendations of the subordinate commander and properly approved the Chapter 10 request with an under other than honorable conditions characterization of service.   The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Further, the analyst acknowledges the applicant's in service accomplishments as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  
       
       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: 22 February 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, a self-authored statement, Chapter 10 discharge packet, charge sheet, EERs and his enlisted record brief.

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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding the discharge (immediate commanders recommended a general under honorable conditions characterization of service), and as a result it is inequitable.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails restoration of grade to E-5/SGT.

































        
IX.  Board Decision						
Board Vote:
Character - Change 3    No change 2
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: E-5/SGT

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
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 AR20110015047
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