Applicant Name:  ?????

Application Receipt Date: 2011/11/17	Prior Review:     Prior Review Date: Records Review (110316)

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states through legal counsel: "His OTH discharge is inequitable because of his courageous service as a medic in Iraq at Ibn Sina, the busiest Army trauma center in Iraq during the height of insurgency, where he dealt with death, mutilation, and catastrophic injuries on a daily basis; and his OTH discharge is inequitable because the behavior that led to his discharge occurred upon return to CONUS when he suffered from severe post traumatic stress disorder (PTSD), depression, and a disociative disorder."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Yes (2012/05/04)

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070327
Discharge Received: 			   Date: 070410   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Co, 10th CSH, 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:  23
Current ENL Date: 041026    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 05  Mos, 15  Days ?????
Total Service:  		02 Yrs, 05  Mos, 15  Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 68W10/Health Care Specialist   GT: NIF   EDU: 2 Yrs Coll   Overseas: Southwest Asia   Combat: Iraq (051017-061007)
Decorations/Awards: AAM, NDSM, ICM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 March 2007, the applicant was charged with willfully and wrongfully damaging by breaking and bending the rear window of a Jeep Wrangler, a value greater than $500.00, the amount of said damage being the sum of about $700.00, the property of Ms. S.J.F. (070226) and for the wongful use of cocaine between (070131-070202).
       
       
       On 22 March 2007, 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 he could receive an under other than honorable conditions discharge and 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 applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.
       
       On 28 March 2007, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.
       
       The applicant's record contains a Military Police Report, dated 26 February 2007.

       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 during the period of enlistment under review, the issues, and documents he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced a document into the discharge process revealing that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted]

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, Sworn Statements (2), Letter, dated 24 April 2007, Letters of Support (7), Self-Authored Letter, CID Report, dated 22 September 2007, Counseling Documents, Health Record, 2/2/2007, Uniform Summons, Confirmed Urinalysis Test Results, 2/20/2007, Health Record, 2/26/2009, Report of Wrongful Damaging of Private Property, Discharge Summary, Cedar Springs Behavioral Health System, 3/8/07, Report of Mental Status Evaluation, 3/8/2007, Charge Sheet, 3/8/2007, Medical Record, 3/23/2007, Treatment Summary, 4/10/2007, Progress Notes, VA Medical Centers, dated 8/13/2008, 1/13/2009, 2/2-2/3/2009, 2/18/2009, Memorandum for Record, 3/20/2007, Copy of text of 10 U.S.C. 1177, and DD Form 214 for the period of service under review.

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 noted that the government introduced a document into the discharge process revealing that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it.  This action entails a restoration of grade to SPC/E4.

        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: SPC/E4

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 AR20110022927
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