Applicant Name:  ?????

Application Receipt Date: 2011/12/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge was the end result of a series inappropriate actions that began in Korea when he injured his right ankle and ultimately had to have surgery.  Due to limited mobility he was frequently late for roll call.  He did not receive physical therapy while in Korea; consequently the healing process was delayed.  Three months after his ankle was injured he was reassigned to Fort Riley, Kansas.  He endured constant hazing during his in-processing because he was new and injured.  He finally received physical therapy and worked very hard at the tasks the therapists assigned him.  His sergeant began berating him when a schedule conflict occurred between a class and his PT schedule.  He passed out during a funeral and his sergeant “smoked” him by making him do every exercise he could without breaking his medical profile.  After being smoked his depression worsened; although, he continued to try and work and continued with physical therapy.  He became convinced that the only reasonable course of action was to die and was suicidal for a long time.  He never told anyone because he believed they already knew he was worthless.  Even after he was no longer using crutches and able to do more, he was ostracized and not part of any group.  He was alone with no support, no place for assistance and no one to turn to for help.    After months of deplorable treatment, he believed that there was no solution, now way to end the ongoing punishment, and the only way to stop the abuse was by dying or leaving, so he left.  Initially, he went to stay with friends in Nebraska.  It was while he was in a safe and supportive environment that he realized he had made a poor decision.  Although, he knew if he returned he would kill himself.  After several months in Nebraska he moved to Colorado.  As time passed he processed what had happened to him and realized that he did not have a problem with the Army or the military per se, but specifically with Fort Riley.  Before returning he talked to a person from the local Army recruiting office and was assured he would be taken into custody, read his rights, and assigned a defense attorney right away.  When he returned he was not assigned an attorney for four months and was not being paid; consequently, he had no way to eat.  Some fellow Soldiers tried to help; however, he never felt that he was part of anybody’s group.  Within a few weeks his depression returned and became severe; although, it was missed by those in charge.  When he finally met with his attorney he was told there was nothing that could be done; that he had broke his contract, and was in the wrong.  By then he just wanted out.  He answered no to all the questions concerning transitioning or other service opportunities.  He is seeking an upgrade to his discharge, disability benefits for his ankle injury, and medical, including mental health, benefits due any veteran who has served with honor, which he did to the best of his ability with favorable reviews from his superiors-and would have continued to do so it not for the ankle injury and subsequent maltreatment at Fort Riley.

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: 100730
Discharge Received: 			   Date: 100902   Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: 4th Infantry Brigade Combat Team (Rear) (Provisional), 1st Sustainment Brigade (Rear) (Provisional), Fort Riley, Kansas 

Time Lost: AWOL x 1 for a total of 664 days (080722 - 100521), surrendered.

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:  19
Current ENL Date: 061101    Current ENL Term: 3  Years  20 Weeks
Current ENL Service: 	2  Yrs, 0 Mos, 2 Days ?????
Total Service:  		2  Yrs, 0 Mos, 2 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Specialist   GT: 114   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, KDSM, ASR, OSR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 July 2010, the applicant was charged with AWOL (080722 - 100522).  
       
       On 7 August 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 intermediate commanders recommended approval of an under other than honorable conditions discharge.  
       
       On 13 August 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 the applicant’s available military records, 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 shows the applicant was charged with the commission of an offense 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 it prior to requesting discharge. 
       
       The analyst noted the applicant’s contention of abuse and hazing; however, the analyst found no evidence of arbitrary or capricious actions by the command.  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 contends mitigating circumstances contributed to his misconduct; specifically, an ankle injury, depression and lack of support contributed to his discharge.  While the applicant may believe these issues were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The analyst noted the applicant's issue about his desire to receive VA benefits however, the Board does not grant relief solely for the purpose of gaining or enhancing benefit opportunities.  Further, eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       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: 23 May 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, an attached self-authored statement, various OMPF documents, various medical records 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 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						
Board Vote:
Character - Change 0    No change 5
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: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




Colonel, U.S. Army
President, Army Discharge Review Board





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 AR20110024106
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