Applicant Name:  ?????

Application Receipt Date: 2011/12/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that while in the Army, he was deployed to Gnjilane, Kosovo (Operation Joint Guardian) in October 2000-April 2001, as well as, to Taji, Iraq (Operation Iraqi Freedom) in April 2003-March 2004.  He also attended a joint training mission with the Hungarian Army in Táborfalva, Hungary in 2002.  He was awarded the Combat Actions Badge for his actions in Iraq, in addition to several Army Commendation Medals and Army Achievement Medals.  He served in several supervisory positions including Platoon Sergeant as an E-5 Sergeant while stationed in Korea.  All are indicated on his DD Form 214.  Upon his return from Iraq he was diagnosed with PTSD.  He was also diagnosed with TBI.  He believes that this led to his alcoholism—he turned to the bottle to forget the many atrocities he witnessed in combat.  At the time of his discharge, he was a full blown alcoholic and had become the kind of person he despised most.  He was separated from his wife and had a girlfriend.  From that relationship they had a daughter.  He also broke the fraternization policy and got involved with lower ranking female Soldiers.  He made some unauthorized purchases on his government travel card, as well as, made some very irresponsible decisions.  He has taken full responsibility for his actions and accepted his discharge.  Since his discharge, he has been baffling the disease of alcoholism.  He was arrested several times, twice for DWI and once for a battery charge that was due to an alcohol related incident. Since his last arrest, he has been active in AA/NA.  He has been attending an addictive disorder clinic, and completed the rehabilitation program an addictions complex in Louisiana.  He has been sober the last two months and counting.  He has joint custody of his daughter with weekly visitations.  He plays a very active role in her life.  He has also taken an active role to obtain gainful employment.  He has enclosed his DD Form 214, DD Form 293, progress report from the addictive disorder clinic, as well as, a copy of his discharge papers from the addictions clinic.  He is asking for an upgrade to honorable so that he may retain his benefits and attend college in order to provide a better life for his family, and to obtain disability for injuries sustained on active duty.

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: 091202
Discharge Received: 			   Date: 100317   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHD, 88th BSB, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041214, failed to go at time prescribed to appointed place of duty (041209), forfeiture of $465 (suspended); 14-day extra duty, (CG)

060531,failed to go at time prescribed to appointed place of duty x 2 (060417), 14-day extra duty and restriction, (CG) 

081203, disobeyed a general regulation by wrongfully using his Government travel charge card for personal expenses (080614), reduced to E-5, (FG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 090403    Current ENL Term: 3 Years  ?????
Current ENL Service: 	10 Yrs, 02 Mos, 00 Days ?????
Total Service:  		10 Yrs, 02 Mos, 00 Days ?????
Previous Discharges: 	USAR (991202-000117) / NA
			     RA (000118-041025) / HD
			     RA (070314-090402) / HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 88N (Traffic Management Coord)   GT: 113   EDU: GED   Overseas: Germany; Kosovo; Korea; SWA   Combat: Iraq (030404-040305)
Decorations/Awards: ARCOM-2; AAM-5; AGCM-2; NDSM; ICM-CS; GWOTEM; GWOTSM; KDSM; HSM; NPDR; ASR; OSR-2; NATO MDL; CAB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: He states, in effect, that he is active in AA/NA, and he has been attending an addictive disorder clinic and completed the rehabilitation program at an Addictions Complex in Louisiana.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 November 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—for: receiving a FG Article 15 (081203) for failing to obey a lawful general regulation by wrongfully using his Government Travel Charge Card; an AR 15-6 investigation (091002) and reported findings (090827) regarding allegations of adultery and improper relationship that is prejudicial to good order and discipline of the Armed Forces or of a nature to bring discredit upon the Armed Forces; the findings of substantiated adultery and improper relationship; and receiving numerous counselings for: (090825) an inappropriate relationship with a female that is not his wife; (090806) past due on his Government Travel Card by $720.17; (090715) ordered to move into barracks housing because he chose to vacate post housing, a step to help relieve the financial burden placed on him; (090519) an inappropriate relationship with another Soldier and for violating post housing policy by having a roommate; (090422) failing to follow orders and policy when he failed to dispatch and complete a vehicle roll out and then attempted to influence a Soldier to conceal the knowledge that she had of him not complete the task; (090323) ongoing patterns of misconduct, to include, being involved in several alcohol related incidents, using his government purchase card during an unauthorized time frame for unauthorized reason, an inappropriate relationship with a Private, and for nonsupport of his family; (090203) failing to follow the Social Caseworker’s orders by not maintaining adequate amounts of food for his dependents; (081210) his involvement in an alleged physical altercation with his wife on 081208 and given a no contact order; (080905) ongoing misconduct, to include unauthorized use of his government purchase card, alcohol related incidents, non-support to his family members, and inappropriate dialogue/relationship with a Private within his command--the dialogue included pictures, messages, and text that were sexual in nature; (090903) failing to report to his appointed place of duty during the transportation Basic Non-Commissioned Officers Course because he was in an incapacitated state due to intoxicating liquor or drugs: (080903) engaging in an inappropriate relationship with a lower enlisted Soldier within his section; (080827) misuse of his government credit card; and (080822) for misuse of his government credit card when he had an allowance of $1700.00 and spent more than $2,800, with an under other than honorable conditions discharge.  He was advised of his rights.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval of a general, under honorable conditions and an under other than honorable conditions discharge, respectively. 
       
       On 19 November 2009, the applicant consulted with legal counsel and elected consideration of his case by an administrative separation board.  The applicant did not submit a statement on his own behalf.  
       
       There is no record of the applicant being notified to appear before an administrative separation board and advised of his rights.  However, on 18 February 2010, the administrative separation board convened according to the DA Form 1574, dated 18 February 2010.  The applicant appeared with counsel.  Moreover, the DA Form 1574 indicates the board's findings and recommendation are attached; however, the attachments are not available.   
       
       On 9 March 2010, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 

       c.  Response to Issues, Recommendation and Rationale:  
       After carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant, by violating the Army's policy not to abuse alcohol compromised the special trust and confidence placed in an NCO.  The applicant, as an NCO, had the duty to support and abide by the Army's alcohol abuse policies.  By abusing alcohol, the applicant knowingly risked a military career, and the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       Furthermore, the analyst acknowledges the applicant's successful transition to civilian life and noted the diagnosis of PTSD and further resulting medical conditions as outlined in his application.  However, in review of the applicant’s entire service record, the analyst found that these medical conditions did not overcome the reason for discharge and characterization of service granted.  The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn'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. 
       
       The analyst noted the applicant's issue about his desire to use the benefits of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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: 30 May 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: [redacted]

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 8 December 2011 w/self-authored statement; Behavioral Healthcare Discharge Summany and Aftercare Plan, dated 29 November 2011; Chemical Dependency Client Progress Report, dated 8 December 2011; DD Form 214, dated 17 March 2010.

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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20110024916
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